Vic’s Law Blog

CANADA LAW NEWS

Law is perpetually evolving. Lawyers must too.

Learn about the latest legal issues, cases, and news in Vic’s law blog.

Difficult Clients & Terminating a Retainer Agreement: the Law.

In rare but difficult circumstances, a lawyer may be ethically required to terminate a retainer agreement with a client. This may arise when issues arise where the lawyer reasonably believes that a client’s comments, wishes, demands, instructions, or otherwise conflict with the lawyer’s professional responsibilities and the appropriate Law Society’s Code of Ethics. In this Province, the Law Society of BC and its Code of Professional Conduct governs the ethical obligations of a lawyer.

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Settlement Agreements in Law & Signing the Release

This Court is able to determine the enforceability of a settlement agreement summarily, unless the Court is satisfied that there is a genuine issue as to whether a settlement agreement has been reached under the law of contract: Carlton v. Carlton, 2017 BCSC 603 at paras. 20-23 and 44.

The test to determine if parties have reached a settlement agreement is whether parties have agreed on all essential terms. Determining whether the parties have agreed on all essential terms is separate from determining whether the parties have agreed on a form of release incorporating the essential terms agreed upon. A term requiring furnishing of a release and a consent dismissal is implied when a settlement agreement is reached: see Fieguth v. Acklands Ltd., 1989 CanLII 2744 (B.C.C.A.) at para. 35.

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Commercial Litigation Lawsuits: Do NOT Represent Yourself

Mr. Bergman attempted to give evidence about a number of different issues. The plaintiffs objected on the basis that there was no affidavit evidence filed and they had no notice of the evidence that Mr. Bergman was giving. I advised Mr. Bergman a number of times that it was not fair and not in accordance with proper procedure for him to simply “tell his story” without putting before the Court sworn evidence which was served on the plaintiffs. I note that a self-represented litigant should be given some leeway but they must still comply with the Supreme Court Civil Rules, B.C. Reg. 168/2009 [Rules]. As our Court of Appeal has noted, “self-represented litigants do not have ‘some kind of special status’ that allows them to ignore rules of procedure”: 0927613 B.C. Ltd. v. 0941187 B.C. Ltd., 2015 BCCA 457 at para. 64. The Statement of Principles on Self-Represented Litigants and Accused Persons, (Ottawa: Canadian Judicial Council, 2006) “imposes an obligation on self-represented parties to be respectful and familiarize themselves with the relevant practices and procedures of the court process”: 0927613 B.C. Ltd. at para. 65

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