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Court of Appeal dismisses Fasken’s motion for charging order against client

Wednesday, March 28, 2018 @ 9:43 AM | By Amanda Jerome

The Ontario Court of Appeal has dismissed a motion brought by Fasken Martin DuMoulin LLP for a charging order on costs against a client. The decision, counsel says, shows that provisions under the Solicitors Act should not be used as “primary tools” for the collection of unpaid accounts.

In Weenen v. Biadi 2018 ONCA 288, the court heard that Fasken had successfully represented its client, Matthew Weenen, in an action against his neighbour, Graziano Biadi, for causing flooding on his property. Biadi was ordered to pay...