Is Urbain Ntambwe's counsel responsible for any misconduct in the course of the litigation?
Alberta, Canada
The following excerpt is from ICARE Travel v. Ntambwe, 2008 ABQB 303 (CanLII):
There is no suggestion of any misconduct on the part of Urbain Ntambwe or his counsel in the course of the litigation. The Plaintiffs argue, however, that there is authority that solicitior-client costs can be awarded based on the prior conduct of the Defendant. In Young v. Young, 1993 CanLII 34 (SCC), [1993] 4 S.C.R. 3, the following passage appears at p. 134: Solicitor-client costs are generally awarded only where there has been reprehensible, scandalous or outrageous conduct on the part of one of the parties.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
In what circumstances will an arbitrator be found to have misconduct during the course of an arbitration? (Alberta, Canada)
What is the test for determining the seriousness of misconduct by a litigant in a personal injury case? (Alberta, Canada)
Can a husband who has agreed to pay spousal support without the benefit of legal counsel argue that when he signed an agreement to pay support, when he did not have the legal counsel? (Alberta, Canada)
Is there any authority for the proposition that the present value of future obligations which the deceased is likely to incur over the course of his working life? (Alberta, Canada)
Can a court impute income under section 19(1)(a) of the Child Support Guidelines where the payor has pursued a deliberate course of conduct for the purpose of evading child support obligations? (Alberta, Canada)
Does litigation privilege extend to a sworn witness statement? (Alberta, Canada)
When will separate counsel be allowed to cross-examine a co-defendant? (Alberta, Canada)
Can an employer rely on after-acquired knowledge of misconduct to support an allegation that cause for dismissal existed at the time of the dismissal? (Alberta, Canada)
How does the presumption against interference with pending litigation apply? (Alberta, Canada)
What is the test for disclosing the work product of counsel to a witness? (Alberta, Canada)
