Is collusion made out where a party conspired to deprive a solicitor of his fees?

Ontario, Canada


The following excerpt is from Garfin v. Mirkopoulos, 2009 ONCA 421 (CanLII):

Dicarllo v. McLean (1915), 33 O.L.R. 231 (S.C. (A.D.)) is to the same effect. Collusion is made out where the court is satisfied that the object or purpose of the agreement was to deprive the solicitor of his fees. In that case, going behind the backs of both his own solicitor and that of the plaintiff, the defendant arranged for the plaintiff, an impecunious Italian labourer, to be taken to another town where he was paid a relatively small sum to settle the case. The plaintiff immediately returned to Italy. Middleton J. concluded that collusion was made out, at p. 235: [The defendant] knew that the costs were heavy. He desired to end the litigation with the least possible expenditure of money. He knew that the plaintiff could not have paid his solicitors. He knew that the plaintiff, when given this money, would not pay his solicitors. He was ready to assist the plaintiff to leave the country without discharging his obligation. He displayed that reckless disregard for the rights of others which amounts to dishonesty, and he acquiesced in, if he did not suggest, the plaintiff’s dishonesty

Other Questions


What is the test for an unsuccessful party in a personal injury case to pay the legal fees of a successful party? (Ontario, Canada)
Is a litigation guardian required to approve a partial settlement that includes payment of 15% plus party and party costs to solicitors? (Ontario, Canada)
Does a party have to sign the Rules of Arbitration Agreement or must it be signed by the parties' solicitors? (Ontario, Canada)
Does the deponent in the supporting affidavit on a motion for particulars need to be the moving party and not the solicitor representing that party? (Ontario, Canada)
If a successful party accepts an offer to settle, can the successful party be ordered to pay all or part of the unsuccessful party’s costs? (Ontario, Canada)
What is the impact of a party’s email to the opposing party of a parenting motion for custody of the children? (Ontario, Canada)
What is the obligation of a party moving for an order that will affect the rights of the absent party to make full and fair disclosure of all material facts? (Ontario, Canada)
Does the requirement of uberrima fides apply when the parties have entered into a separation agreement requiring the parties to pay support for the children of the marriage? (Ontario, Canada)
Can a court award costs to a party who was more successful on an overall global basis than the other party? (Ontario, Canada)
What is the burden of proof against a party who is not a party to the birth of the child? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.