Sentences with phrase «against the lawyer personally»

The courts» power to award costs against a lawyer personally is not limited to civil proceedings, but criminal also, and can sometimes be exercised against defence lawyers, though rare.

Costs against a lawyer personally is justified only on an exceptional basis where the lawyer's acts have seriously undermined the authority of the courts or seriously interfered with the administration of justice.

1) When determining whether the imposition of costs against a lawyer personally is warranted, a factor for consideration is whether the lawyer's clients have waived solicitor - client privilege.

«The court nevertheless recognizes that costs must not be awarded against lawyers personally merely because they assert claims or defences that are weak or unmeritorious,» says MacKenzie, who was not involved in the Sawridge matter.

It can be seen from the Court of Appeal's decision in Galganov that courts should be reluctant to award costs against lawyers personally.

[1] This appeal concerns the scope of the courts» power to award costs [1] against a lawyer personally in a criminal proceeding.

Conversely, a cost award assessed against the lawyer personally is unfair if the delay is the client's fault, but the lawyer can not say so because of solicitor - client privilege.

Not exact matches

That fall, the LSUC began a proceeding against Felderhof's defence lawyer, Joe Groia, alleging that he'd been guilty of professional misconduct in his defence of Felderhof by, among other things, relentlessly attacking OSC prosecutors, both professionally and personally.

She said it was nothing against me personally but that she had had such a bad experience in her divorce (I was doing her real estate) that she just did not want to deal with men anymore, so she apologized and went to a female lawyer to have her will done.

Although he wasn't personally wronged, the court found there was no law barring lawyer Alexandre Proulx from seeking a vexatious litigant application against Elizabeth Balanyk, who brought many unmeritorious motions against OLG, the court found.

Gavin MacKenzie, of MacKenzie Barristers, says that, historically, courts have been extremely cautious in awarding costs personally against lawyers because of their duties to bring forward even unpopular cases.

The Young decision also confirms that courts must be extremely cautious in awarding costs personally against a lawyer, as lawyers are often retained to bring forward unpopular causes.

In Young, the Supreme Court of Canada establishes the governing principles for when a court may award costs personally against a lawyer.

In June of this year, the Ontario Court of Appeal released an important decision clarifying the circumstances in which a court will award costs personally against a lawyer.

Similar charges led to disciplinary action against other lawyers under pre-Proposition 64 law which granted members of the general public standing to bring such suits without having to show that they had been personally injured by the violation.

An English lawyer might be surprised to learn that in Sweden a shareholder can only bring a claim against a company officer personally only where a crime has been committed, for example.