REGULATION OF PROFESSION - Compensation funds

Law360 Canada ( July 29, 2019, 9:56 AM EDT) -- Appeal by the Law Society of New Brunswick from a judicial review judgment ordering assessment of a compensation claim by the respondent, Canada Law Financing (CLF). CLF extended a $200,000 secured loan to a solicitor for the stated purpose of financing litigation files. Three months later, the solicitor misappropriated the proceeds, using them to cover trust account overdrafts. CLF applied to the Law Society’s Compensation Fund for reimbursement. The Compensation Committee recommended rejection of the claim on the basis that the loan documentation indicated that the relationship between CLF and the solicitor was one of creditor and debtor rather than solicitor and client. The Council accepted the Committee’s recommendation and the claim was rejected. CLF sought judicial review. The application judge found no breach of the duty of procedural fairness. However, the judge ruled that the Law Society’s interpretation of s. 81(2) of the Law Society Act in finding no solicitor and client relationship was unreasonable. The application judge set aside the Law Society’s decision and ordered a new assessment of CLF’s claim. The Law Society appealed. CLF cross-appealed....
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