ARTICLE
31 December 2014

Lawyer Who Sues Client for $4,000 Is Ordered to Pay Client Nearly Twice That Amount in Costs

MG
Minden Gross LLP

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Minden Gross LLP is a full service business law firm providing counsel in the broad areas of real estate, corporate/commercial transactions, litigation, securities and capital markets, and employment and labour law with global reach through Meritas Law Firms Worldwide. We also advise clients in personal matters related to tax and estate planning.
A lawyer who sued her former client for $3,937.50 for unpaid legal fees has had $7,000 in costs awarded against her, and the matter has yet to reach trial.
Canada Litigation, Mediation & Arbitration

Originally published on Slaw.

A lawyer who sued her former client for $3,937.50 for unpaid legal fees has had $7,000 in costs awarded against her, and the matter has yet to reach trial.

In the lawyer's Small Claims Court lawsuit, she was ordered to produce her entire file to the former client and make production of the documents in chronological order, such that it could be ascertained whether or not she had in fact produced the entire file.

For reasons that are not entirely clear, the lawyer failed to produce the file in chronological order. A Deputy Small Claims Court Judge awarded costs against the lawyer in the amount of $2,000.

The lawyer brought an application for judicial review of that decision to the Divisional Court. Unfortunately for the lawyer, the Divisional Court had no jurisdiction to hear her application which resulted in her application being dismissed and an additional $5,000 in costs being awarded against the lawyer.

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