Almalki v. Canada (Attorney General)

JurisdictionOntario
CourtCourt of Appeal (Ontario)
JudgeDoherty,Miller,Paciocco
Citation2019 ONCA 26
Date17 January 2019
Docket NumberC64421

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6 practice notes
  • Court Of Appeal Summaries (January 25 ' 29, 2021)
    • Canada
    • Mondaq Canada
    • February 2, 2021
    ...1990, c. S.15, ss. 23-24, 28.1(8)-(9), Cohen v. Kealey and Blaney, [1985] O.J. No. 160 (C.A.), Almalki v. Canada (Attorney General), 2019 ONCA 26, Tri Level Claims Consultants Ltd. v. Koliniotis (2005), 257 D.L.R. (4th) 297 (Ont. C.A.), McIntyre Estate v. Ontario (Attorney General) (2002), ......
  • Tallcree First Nation v Rath & Company
    • Canada
    • Court of Appeal (Alberta)
    • May 11, 2022
    ...will not be disturbed ... where it has been entered into fairly, and with proper knowledge on both sides”). [37] Almalki v. Canada, 2019 ONCA 26, ¶¶ 39-40; 431 D.L.R. 4th 357, 369, leave to appeal ref’d, [2019] S.C.C.A. No. 79 (“the motion judge acknowledged t......
  • Ontario Court Of Appeal Summaries (January 14 – 18, 2019)
    • Canada
    • Mondaq Canada
    • January 24, 2019
    ...observing that a claim only becomes discoverable once all the elements of s. 5(1)(a) are met. In Almalki v Canada (Attorney General), 2019 ONCA 26 the Court of Appeal confirmed that a carefully worded contingency fee agreement does not necessarily run afoul of the Solicitors Act even where ......
  • Lima v. Kwinter
    • Canada
    • Court of Appeal (Ontario)
    • January 26, 2021
    ...and fees determined, according to contractual terms, lacking in transparency and predictability: Almalki v. Canada (Attorney General), 2019 ONCA 26, at paras. 47-50. The lack of transparency is apparent from a review of the CFA entered into by SK and Mr. Lima. Under the terms of that agreem......
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4 cases
  • Tallcree First Nation v Rath & Company
    • Canada
    • Court of Appeal (Alberta)
    • May 11, 2022
    ...will not be disturbed ... where it has been entered into fairly, and with proper knowledge on both sides”). [37] Almalki v. Canada, 2019 ONCA 26, ¶¶ 39-40; 431 D.L.R. 4th 357, 369, leave to appeal ref’d, [2019] S.C.C.A. No. 79 (“the motion judge acknowledged t......
  • Clarke v. Mathews v. Gondosch and 1394536 Ontario Ltd.
    • Canada
    • Ontario Superior Court of Justice
    • January 2, 2025
    ...4 of the Solicitors Act.  [125]      The Court of Appeal in Almalki v. Canada (Attorney General), 2019 ONCA 26, at para. 47, referenced para. 22 of Zeppieri, and at para. 48 accepted that the Solicitors Act is consumer protection legislation. [126]&nb......
  • Lima v. Kwinter
    • Canada
    • Court of Appeal (Ontario)
    • January 26, 2021
    ...and fees determined, according to contractual terms, lacking in transparency and predictability: Almalki v. Canada (Attorney General), 2019 ONCA 26, at paras. 47-50. The lack of transparency is apparent from a review of the CFA entered into by SK and Mr. Lima. Under the terms of that agreem......
  • Connolly and Connolly Obagi LLP
    • Canada
    • Ontario Superior Court of Justice
    • March 15, 2019
    ...appeared before the court on this matter, the Ontario Court of Appeal released its decision in Almalki v. Canada (Attorney General), 2019 ONCA 26. In that decision, the Court discusses contingency fee retainer agreements, s. 28.1(8) of the Act, and the concept of “exceptional circumstances”......
2 firm's commentaries
  • Court Of Appeal Summaries (January 25 ' 29, 2021)
    • Canada
    • Mondaq Canada
    • February 2, 2021
    ...1990, c. S.15, ss. 23-24, 28.1(8)-(9), Cohen v. Kealey and Blaney, [1985] O.J. No. 160 (C.A.), Almalki v. Canada (Attorney General), 2019 ONCA 26, Tri Level Claims Consultants Ltd. v. Koliniotis (2005), 257 D.L.R. (4th) 297 (Ont. C.A.), McIntyre Estate v. Ontario (Attorney General) (2002), ......
  • Ontario Court Of Appeal Summaries (January 14 – 18, 2019)
    • Canada
    • Mondaq Canada
    • January 24, 2019
    ...observing that a claim only becomes discoverable once all the elements of s. 5(1)(a) are met. In Almalki v Canada (Attorney General), 2019 ONCA 26 the Court of Appeal confirmed that a carefully worded contingency fee agreement does not necessarily run afoul of the Solicitors Act even where ......