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| firm:law:court-procedure:solicitor-duty [2024/07/25 20:08] – adam | firm:law:court-procedure:solicitor-duty [2024/07/26 15:31] (current) – adam |
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| ===== Specific duties ===== | ===== Duty of candour ===== |
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| ==== Duty of candour ==== | |
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| The Law Society of Ontario's //Rules of Professional Conduct// require barristers and solicitors to be candid with the courts and tribunals before which they appear. This duty is owed to the court or tribunal because counsel are officers of the courts. Commentary to [[https://lso.ca/about-lso/legislation-rules/rules-of-professional-conduct/chapter-5|rule 5.1]] makes the LSO's expectation plain: | The Law Society of Ontario's //Rules of Professional Conduct// require barristers and solicitors to be candid with the courts and tribunals before which they appear. This duty is owed to the court or tribunal because counsel are officers of the courts. Commentary to [[https://lso.ca/about-lso/legislation-rules/rules-of-professional-conduct/chapter-5|rule 5.1]] makes the LSO's expectation plain: |
| Put differently, when an advocate fails to disclose all material facts or law to the court, the advocate impedes the administration of justice writ large. | Put differently, when an advocate fails to disclose all material facts or law to the court, the advocate impedes the administration of justice writ large. |
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| === Remedy for failure in the duty of candour === | ==== Remedy for failure in the duty of candour ==== |
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| The test for setting aside an //ex parte// order thus favours the absent party. It was recently described in only a few lines: | The test for setting aside an //ex parte// order thus favours the absent party. It was recently described in only a few lines: |
| [[https://canlii.ca/t/k48v4#par16|2024 ONSC 2422, para 16]]. | [[https://canlii.ca/t/k48v4#par16|2024 ONSC 2422, para 16]]. |
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| ==== Consent to draft orders ==== | ===== Consent to draft orders ===== |
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| **//Chrysler Credit Canada Ltd. v. 734925 Ontario Ltd. (Master)//, {{ :firm_resources:law:of-procedure:1991canlii7311.pdf | 1991 CanLII 7311 (ON SC)}}** | **//Chrysler Credit Canada Ltd. v. 734925 Ontario Ltd. (Master)//, {{ :firm_resources:law:of-procedure:1991canlii7311.pdf | 1991 CanLII 7311 (ON SC)}}** |
