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Simon Shields, Lawyer

Advising Self-Representing
Ontario Litigants
Since 2005

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Lawyers - Authority to Bind Clients

Dick v McKinnon (Ont CA, 2014)

In this case the Court of Appeal confirmed the implied authority of a lawyer with respect to a client as follows:
[4] This court has observed that it is well-established law that “a solicitor of record has the ostensible authority to bind his or her clients and that opposing counsel are entitled to rely upon that authority in the absence of some indication to the contrary”: Oliveira v. Tarjay Investments Inc., reflex, [2006] O.J. No. 1109, at para. 2 (C.A.), referring to Scherer v. Paletta, 1966 CanLII 286 (ON CA), [1966] 2 O.R. 524 (C.A.) and Mohammed v. York Fire and Casualty Insurance Co., 2006 CanLII 3954 (ON CA), [2006] O.J. No. 547, at para. 20 (C.A.).

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