In what circumstances will independent counsel refuse to finance a joint venture?

Alberta, Canada


The following excerpt is from Reid v. Graybriar Industries Ltd., 2006 ABQB 519 (CanLII):

In Cavallin v. King, 1984 CanLII 684 (BC SC), [1984] B.C.J. No. 2820 (S.C.), Wallace J. found that a responsible solicitor would never have advised the plaintiffs to finance a joint venture on the terms presented by the solicitor; the transaction was advantageous to the solicitor and the architect, who had little to lose and much to gain from participating, while Cavallin put at risk the major portion of his assets with little or no chance of recouping any loss from his partners, yet his share of possible profits was in the same proportion as theirs. In that case, the plaintiffs were restored to the position they would have been in had they been appropriately advised by independent counsel to decline the invitation to finance the venture.

Other Questions


In what circumstances will the Minister of Transport be refused a prerogative writ? (Alberta, Canada)
In what circumstances will a court allow a defendant to charge a second counsel fee? (Alberta, Canada)
In what circumstances will a judge refuse to award prejudgment interest on a wife's equalization payment? (Alberta, Canada)
In what circumstances will a judge refuse to convict a defendant for possession of stolen property? (Alberta, Canada)
In what circumstances will a judge refuse leave on the grounds that the application is not in the public interest? (Alberta, Canada)
In what circumstances will independent advice be required in a transaction of purchase? (Alberta, Canada)
Can a property owned, occupied or used by an independent contractor and in care, custody and control of the same independent contractor be considered a "used by" insured? (Alberta, Canada)
In what circumstances will an independent contractor be held liable in a personal injury action for changing a piece of plywood in the middle panel? (Alberta, Canada)
In what circumstances will a second counsel fee be awarded in a motor vehicle accident case? (Alberta, Canada)
Can a party who has a right of first refusal to purchase a property that is encumbered by a right-of-first refusal be prevented from purchasing the property? (Alberta, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.