Can a former solicitor assert a lien over the client’s file?

Ontario, Canada


The following excerpt is from Roch v. Deutschmann, 2010 ONSC 1306 (CanLII):

Counsel for the former firm argues that this is as clear a termination of the engagement as once could find. This is important because the case law draws a distinction between when a former solicitor can legitimately assert a lien over the client’s file and when he can’t, based upon “who fired whom”. See Collison v. Hurst [1946] O.W.N. 699 (Ontario C.A.). Simplistically put, if the former solicitor terminated the professional relationship, he cannot assert a lien. If the client is the one who terminated the relationship, the former solicitor may assert a lien. The rationale for the rule appears to be to protect solicitors from capricious clients who end retainers for no valid reason.

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