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Old 06-15-2017, 03:49 PM
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Tayken Tayken is offline
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Quote:
Originally Posted by plainNamedDad44 View Post
Hi Community,

I just read one of Triton's posts, and found FLR 24 (9).

This seems to be a sufficient framework to sue a lawyer. No ?
It is not a sufficient framework to sue (tort) a lawyer. It is a sufficient framework when asking the courts to assess costs to consider 24.(9) of the FLR.

The lawsuit is the family law matter. This is a Rule in consideration to COSTS to that action.

Quote:
(9) If a party’s lawyer or agent has run up costs without reasonable cause or has wasted costs, the court may, on motion or on its own initiative, after giving the lawyer or agent an opportunity to be heard,
(a) order that the lawyer or agent shall not charge the client fees or disbursements for work specified in the order, and order the lawyer or agent to repay money that the client has already paid toward costs;

(b) order the lawyer or agent to repay the client any costs that the client has been ordered to pay another party;

(c) order the lawyer or agent personally to pay the costs of any party; and

(d) order that a copy of an order under this subrule be given to the client. O. Reg. 114/99, r. 24 (9).
So you must first find success in your existing matter. Then identify the costs issues in your costs submissions and why the lawyer (or agent) should have to pay costs. It is no easy task to do. (See OrleansLawyer's points above.)

You need to resolve your family law matter. Don't engage in additional torts that will only be used against you in your family law matter.

Good Luck!
Tayken
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