Gary Boyd says circumstances can’t change the plain meaning of a contract
By Julius Melnitzer | October 31, 2022
In siding with two law firms’ interpretation of a retainer agreement, the Ontario Court of Appeal has confirmed lawyers’ duty to communicate the agreement’s terms to their clients clearly.
“If there is any ambiguity in a solicitor-client retainer, it is to be construed against the drafter – that is, the lawyer,” wrote a unanimous panel in Boudreau v. Lavery, De Billy LLP.
According to Robert Schipper, a Toronto sole practitioner who represents lawyers in matters involving legal fees, interpretation of retainer agreements, costs and limitation periods, Boudreau represents Ontario courts’ strongest statement of this principle.
“Other cases have cited this proposition, but never as clearly as the court did in this case.” READ MORE
Julius Melnitzer is a Toronto-based legal affairs writer, ghostwriter, writing coach and media trainer. Readers can reach him at [email protected] or https://legalwriter.net/contact.
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