In the courts below, the plaintiff relied upon the case of Jeffers v. Calico Compression Systems et al., 2002 ABQB 72, 314 A.R. 294, where the court set out a number of indicia which could be used to determine whether a solicitor-client relationship existed. They include a number of factors, some of which are obvious such as a retainer, the opening of a file, the rendering of a bill, giving of instructions and/or legal advice.
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