What is the test for obtaining a solicitor’s charging order?
Ontario, Canada
The following excerpt is from UL Lawyers Professional Corporation v. Notay, 2022 ONCA 8 (CanLII):
The application judge identified the three criteria which must be satisfied to obtain a solicitor’s charging order. The solicitor must show: • the fund or property over which the charging order is sought is in existence at the time the order is sought; • the property must have been recovered or preserved through the instrumentality of the solicitor; and • there must be some evidence that the client cannot or will not pay the lawyer’s account: see Bilek v. Salter Estate, 2009 CanLII 58582 (ONSC).
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