Not exact matches
The case
law to date has held that in order for the RCD to apply, all of the following requirements must be met: (i) there is valid
provincial or federal legislation; (ii)
conduct is legislatively mandated or authorized; (iii) the authority to regulate has in fact been exercised; and (iv) the regulated scheme has not been hindered or frustrated
by the
conduct (or used as a shield to engage in anti-competitive
conduct).
This claim is undermined
by the existence of a non-lawyer in the top
provincial legal job who (a) effectively instructs and oversees the
conduct of the largest group of lawyers in the province; (b) has privileged status under
Law Society regulations; and (c) is responsible for
Law Society legislation.
Various
provincial law societies within Canada provide, in written rules of professional
conduct, for the duties of skill and care owed
by solicitors to their clients during the course of a retainer or engagement and following its conclusion.1.
Although at the time this case was heard, the majority of
provincial and territorial appellate courts held that courts had jurisdiction to prevent defence counsel from withdrawing due to non-payment in fees, there was some division in the case
law and differing approaches had been taken in the codes of
conduct established
by provincial law societies.