Court of Appeal for Ontario

CITATION: The Law Society of Upper Canada v. Fuerst Estate, 2015 ONCA 430

DATE: 20150612

DOCKET: C59611

BEFORE: MacPherson, Huscroft and Roberts JJ.A.

BETWEEN

The Law Society of Upper Canada

Applicant (Respondent)

and

The Estate of Fay Arlene Fuerst, Deceased

Respondent (Appellant)

COUNSEL:

William Rallis, acting in person

Nadia Musclow, for the respondent

Heard and released orally: June 10, 2015

On appeal from the order of Justice Michael A. Penny of the Superior Court of Justice, dated October 27, 2014.

ENDORSEMENT

[1] The appellant, William Rallis, appeals from the Order of Penny J. of the Superior Court of Justice dated October 27, 2014, appointing the respondent Law Society of Upper Canada as trustee of 35 boxes of client material and six computers from the professional legal practice of a deceased lawyer, Fay Fuerst. Mr. Rallis was Ms. Fuerst’s husband, although they may have been separated at the time of her death. The Order permitted the Law Society to examine the contents of the boxes and computers, provide information to clients where appropriate, and destroy material to protect confidential client information (provided the last activity occurred at least 10 years prior to the destruction).

[2] Mr. Rallis has filed a great deal of material and appears to appeal on many grounds.

[3] We do not accept his submissions. The order appointing the LSUC as trustee of Ms. Fuerst’s professional material is authorized by ss. 49.45, 49.47 and 49.52 of the Law Society Act. The component of the order allowing the LSUC to “determine the proper disposition of the boxes and computers” is a reasonable offshoot of the appointment order. There is nothing in the record to suggest that the LSUC will not return personal information in the boxes and computers to Mr. Rallis or other appropriate relatives. There is no need to appoint a neutral third party to perform this role. The LSUC is, as Penny J. said, “the neutral party contemplated by Mr. Rallis’ model for how this should be done.”

[4] The appeal is dismissed. No costs.

“J.C. MacPherson J.A.”

“Grant Huscroft J.A.”

“L.B. Roberts J.A.”