The plaintiff law firm brought a motion to add two brothers of the defendant to an action for unpaid legal fees.
The firm sought to bind the brothers, as contingent beneficiaries of their mother's estate, to a claim for fees to be paid from the estate upon her death.
The court dismissed the motion, finding the proposed pleading problematic, the brothers' status as beneficiaries uncertain until the mother's death, and noting the firm failed to utilize the appropriate remedy under section 34 of the Solicitors Act.