Robert A. Watson

The appellants appealed a trial judgment finding them liable for various fees withheld from a deceased partner's estate.

The Court of Appeal dismissed the appeal, upholding the trial judge's findings that the appellants breached their fiduciary duties, failed to make full disclosure, and were not entitled to guarantee fees, management fees, or legal retainers on a quantum meruit basis or otherwise.

The court affirmed that under the partnership agreement and the Partnerships Act, management fees could not be varied without the consent of all partners, which the estate had not provided.

The moving parties brought a motion to quash appeals from a trial judgment in an estate matter.

The Court of Appeal dismissed the grounds alleging contempt and out-of-time filing, noting the time to appeal ran from the date the formal judgment was entered.

The Court directed that the estate appellant must retain a solicitor pursuant to Rule 15.01(1), and ordered that a self-represented appellant's appeal regarding costs would be quashed if he failed to obtain the required leave to appeal.

The plaintiff brought a motion to set aside the Registrar's order dismissing his appeal.

The defendants served their responding record shortly before the hearing.

The plaintiff sought a 30-day adjournment to review the responding record.

The court granted the adjournment, noting the significance of the underlying order, but limited the delay to a date after October 29.