Stephen Victor QC

The plaintiff's solicitors, Victor Ages Vallance LLP (VAV), sought a declaration of a valid solicitor's lien and a charging order under section 34(1) of the Solicitors Act over $47,886 in costs awarded to the plaintiff.

These funds were held in trust by counsel for Arthur Hamilton and Cassels Brock & Blackwell LLP.

The Conservative Party of Canada (CPC), a creditor of the plaintiff, opposed the relief, asserting a garnishment notice and arguing for an equitable set-off.

The court found that the fund came into existence due to VAV's efforts, establishing a solicitor's lien with priority over garnishment.

The court rejected the equitable set-off argument due to a lack of mutuality of debts.

The charging order was granted, directing the funds to be paid to VAV.

The defendant insurer brought a motion for summary judgment to dismiss the plaintiff's action.

The plaintiff, a former government employee, had received an overpayment of long-term disability benefits totaling $114,644.76 after she took medical retirement and began receiving pension benefits without the insurer's knowledge.

When the insurer discovered the overpayment, it reduced her ongoing disability benefits by 50 percent to recover the debt.

The plaintiff sued for breach of fiduciary duty, breach of good faith, and punitive damages.

The court granted summary judgment, finding no fiduciary duty existed, the unintentional overpayment was not a breach of good faith, and the insurer was entitled to the self-help remedy of set-off under the policy.

The action was dismissed.