|
Representation - Lawyers - Solicitor of Record. Rubner v. Rubner
In Rubner v. Rubner (Ont CA, 2020) the Court of Appeal stated the authority of a solicitor of record to negotiate on a client's behalf:[9] We are not persuaded that the application judge failed to apply the correct legal test for ostensible authority. He cited, at paragraph 29 of his reasons, this court’s decision in Dick v. McKinnon, 2014 ONCA 784, at para. 4, as authority for the settled proposition that a solicitor of record has the ostensible authority to bind his or her client and that opposing counsel is entitled to rely on that authority, absent some indication to the contrary. He went on, at paragraphs 30 to 33 of his reasons, to apply that principle to the evidence in this case. He found an “indication to the contrary” regarding the ostensible authority of Joseph’s counsel in Joseph’s handwritten notation on the Deal Points, cited above at paragraph 3, that limited his counsel’s authority to negotiating the minutes of settlement, rather than the Deal Points, and in the evidence referred to at paragraph 5 above. The application judge’s application of the settled test for ostensible authority to his findings of fact is entitled to appellate deference.
|
