Dr. Bruto

The applicant law firm brought an application under the Solicitors Act to approve a retainer agreement with the respondent.

The respondent argued she lacked the mental capacity to enter into the agreement.

The Public Guardian and Trustee and other respondents argued the application should be stayed as the respondent was a party under disability requiring a litigation guardian.

The court found the respondent was a party under disability pursuant to Rule 7.01(1) and adjourned the application sine die until a litigation guardian is appointed or medical evidence confirms her capacity to instruct counsel.

The defendant brought a motion for security for costs against the plaintiff, Aaron Goldman, who was ordinarily resident outside Ontario.

The court found that Goldman failed to meet the high evidentiary threshold to establish impecuniosity, as his financial disclosures were incomplete and lacked supporting documentation.

Furthermore, the court determined that Goldman's professional negligence claim against his former solicitor did not have a good chance of success, particularly given a prior ruling by Justice Myers on a limitations defence in a related action.

The motion for security for costs was granted, requiring Goldman to post $60,000.00.