What are the considerations used to determine whether a client has been defrauded by a solicitor?
Ontario, Canada
The following excerpt is from Carrier v. Jobbitt, 2008 CanLII 57446 (ON SC):
Special circumstances are decided on a case by case basis. Madam Justice Stewart of the Superior Court of Justice set out some considerations in Teplitsky, Colson v. Robin Daniels 2006 CanLII 119 (O.S.C.) paragraph 13: • sophistication of the client; • adequacy of communications between solicitor and client concerning the accounts; • whether there is evidence of increasing lack of satisfaction by the client regarding the services relating to the accounts; • whether there is overcharging for services provided; • detail the extent of the bills; • whether the solicitor/client relationship is ongoing; or • whether payments can be characterized as involuntary.
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