What is the test for an application judge to assess a lawyer’s conduct?
Ontario, Canada
The following excerpt is from Black v. McDonald, 2022 ONSC 1455 (CanLII):
In Rand Estate v. Lenton, 2009 ONCA 251, [2009] O.J. No. 1173, at para. 5, this court noted that rule 57.07(1) requires an examination of “the entire course of litigation that went on before the application judge so that the application judge can put in proper context the specific actions and conduct of counsel.” This holistic examination of the lawyer’s conduct produces an accurate tempered assessment.
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