Favreau

The applicant insurer sought to appeal an arbitration decision regarding priority for paying statutory accident benefits for an extra-provincial motor vehicle accident.

The applicant argued that leave to appeal was not required because the parties had entered into an unwritten arbitration agreement permitting appeals on questions of law or mixed fact and law.

The court found that the parties' conduct and communications evidenced a binding arbitration agreement containing the appeal provision.

Consequently, the applicant was entitled to appeal the arbitrator's decision without leave.

The plaintiff sued her former family law lawyer for negligence, alleging the lawyer failed to present crucial evidence in a child custody jurisdiction motion and a property dispute.

The defendant lawyer brought a motion for summary judgment.

The court granted the motion and dismissed the action, finding no genuine issue for trial because the lawyer did not cause the plaintiff's losses.

The court noted the plaintiff had opportunities to present the evidence herself after discharging the lawyer, and the underlying decisions were based on adverse credibility findings against the plaintiff rather than a lack of evidence.

The applicant brought an application under the Solicitors Act for an order directing the assessment of the accounts of her former law firm.

The applicant had paid the final bill and brought the application more than one month after its delivery, requiring her to establish special circumstances.

The court found that special circumstances existed, noting the applicant's lack of sophistication in litigation, the large amount of the accounts, her expressions of concern regarding the bills, and her reasonable belief that she had to pay the accounts for her file to be transferred.

The application was granted and the accounts were ordered to be assessed.