Case Summaries | The Litigator - Affleck Greene McMurtry, LLP
The Litigator
The Litigator
AGM :: Affleck Greene McMurtry LLP

THE LITIGATOR

Affleck Greene McMurtry LLP
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Suing for unpaid legal fees (usually) not illegal, Divisional Court confirms

For decades, Ontario lawyers suing to collect their accounts have sometimes faced an obscure but potentially devastating obstacle: the Solicitors Act (Ontario).[1] On its face, s. 23 of the Act seems to ban any action to collect fees from a retainer agreement even though s. 2 of the Act permits a court action to recover fees one month after an account is rendered. Worse, s. 17 seems to require that retainer agreements be reviewed and approved by an assessment officer before a litigation lawyer can receive payment. In most cases, however, neither clients nor the court raised these sections and collection actions proceeded to judgment. The Solicitors Act occasionally ... [more] Full article

Credit Card Class Actions

The plaintiffs in these class actions claim that rules established by the Visa and MasterCard networks constitute a conspiracy to fix the fees that merchants pay (namely, merchant discount rates and interchange fees), contrary to section 45 of the Competition Act. [more] Full article


Case Summaries Contributors

Daphne Hooper

Daphne Hooper

Affleck Greene McMurtry LLP

Daphne represents clients in a broad range of commercial matters and is a valued member of the firm’s competition law practice group. Her experience includes complex contractual disputes, multi-jurisdictional class actions, employment matters and professional negligence, including errors and omissions by brokers/dealers and lawyers.

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Christopher Somerville

Christopher Somerville

Affleck Greene McMurtry LLP

Chris Somerville has a record of diligent and resourceful advocacy in a wide range of cases. His experience and skills cover commercial and civil litigation in general, and securities litigation, administrative law, and employment disputes in particular.

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