Thomas Gold Pettingill LLP v. Ani-Wall Concrete Forming Inc. et al., 2012 ONSC 2182

JurisdictionOntario
JudgePerell, J.
CourtSuperior Court of Justice of Ontario (Canada)
Subject MatterBARRISTERS AND SOLICITORS
Citation2012 ONSC 2182,[2012] O.T.C. Uned. 2182,[2012] O.T.C. Uned. 2182 (SC)
Date12 April 2012
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23 practice notes
  • Court Of Appeal Summaries (May 2, 2022 ' May 6, 2022)
    • Canada
    • Mondaq Canada
    • May 9, 2022
    ...Law Rules, O. Reg. 114/99, rule 2(2), Weenen v. Biadi, 2018 ONCA 288, Thomas Gold Pettinghill LLP v. Ani-Wall Concrete Forming Inc., 2012 ONSC 2182, Fancy Barristers P.C. v. Morse Shannon LLP, 2017 ONCA 82, Mpampas v. Steamatic Toronto Inc. (2009), 84 C.P.C. (6th) 85, Pino v. Van Roon (1998......
  • Waugh v. Bentworth Outdoor Storage Inc., 2019 ONSC 5612
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • October 8, 2019
    ...Court. [61]           In Thomas Gold Pettingill LLP v. Ani-Wall Concrete Forming Inc. 2012 ONSC 2182 Perell J. wrote at paragraph “The Courts summary jurisdiction to enforce lawyer’s undertakings is rooted in the idea that the ......
  • Foulidis v. Foulidis,
    • Canada
    • Court of Appeal (Ontario)
    • May 6, 2022
    ...that the solicitor has the proprietary interest of a secured creditor: Thomas Gold Pettinghill LLP v. Ani-Wall Concrete Forming Inc., 2012 ONSC 2182, 349 D.L.R. (4th) 431, at para. 101. A declaration continues to speak after it is made. There is no conceptual obstacle that would prevent a d......
  • Peter B. Cozzi Professional Corporation v. Szot, 2019 ONSC 5071
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • August 29, 2019
    ...when the lawyer’s acts were instrumental in recovering the property:” Thomas Gold Pettingill LLP v. Ani-Wall Concrete Forming Inc., 2012 ONSC 2182, 349 D.L.R. (4th) 431, at para. 84 [Thomas Pettingill]. A lawyer’s entitlement to a charging order is governed by s. 34(1) of the Solicitors Act......
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19 cases
  • Waugh v. Bentworth Outdoor Storage Inc., 2019 ONSC 5612
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • October 8, 2019
    ...Court. [61]           In Thomas Gold Pettingill LLP v. Ani-Wall Concrete Forming Inc. 2012 ONSC 2182 Perell J. wrote at paragraph “The Courts summary jurisdiction to enforce lawyer’s undertakings is rooted in the idea that the ......
  • Foulidis v. Foulidis,
    • Canada
    • Court of Appeal (Ontario)
    • May 6, 2022
    ...that the solicitor has the proprietary interest of a secured creditor: Thomas Gold Pettinghill LLP v. Ani-Wall Concrete Forming Inc., 2012 ONSC 2182, 349 D.L.R. (4th) 431, at para. 101. A declaration continues to speak after it is made. There is no conceptual obstacle that would prevent a d......
  • Peter B. Cozzi Professional Corporation v. Szot, 2019 ONSC 5071
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • August 29, 2019
    ...when the lawyer’s acts were instrumental in recovering the property:” Thomas Gold Pettingill LLP v. Ani-Wall Concrete Forming Inc., 2012 ONSC 2182, 349 D.L.R. (4th) 431, at para. 84 [Thomas Pettingill]. A lawyer’s entitlement to a charging order is governed by s. 34(1) of the Solicitors Act......
  • Accel Canada Holdings Limited (Re), 2020 ABQB 204
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • March 26, 2020
    ...refer to the funds being “in trust”, unlike the present circumstances. In Thomas Gold Pettinghill LLP v Ani-Wall Concrete Forming Inc, 2012 ONSC 2182, a lawyer, based on an agreement to transfer a file to that lawyer from a previous lawyer, gave a personal undertaking to the previous lawyer......
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4 firm's commentaries
  • Court Of Appeal Summaries (May 2, 2022 ' May 6, 2022)
    • Canada
    • Mondaq Canada
    • May 9, 2022
    ...Law Rules, O. Reg. 114/99, rule 2(2), Weenen v. Biadi, 2018 ONCA 288, Thomas Gold Pettinghill LLP v. Ani-Wall Concrete Forming Inc., 2012 ONSC 2182, Fancy Barristers P.C. v. Morse Shannon LLP, 2017 ONCA 82, Mpampas v. Steamatic Toronto Inc. (2009), 84 C.P.C. (6th) 85, Pino v. Van Roon (1998......
  • Court Of Appeal Summaries (January 30 – February 3, 2017)
    • Canada
    • Mondaq Canada
    • February 15, 2017
    ...respondents Keywords: Endorsement, Charging Order, Solicitors Act, s.34, Thomas Gold Pettinghill LLP v. Ani-Wall Concrete Forming Inc., 2012 ONSC 2182, Judicial Bias, Wewaykum Indian Band v. Canada, 2003 SCC 45 Facts: This appeal involved a dispute between law firms that resulted in a charg......
  • The Final Skirmish In The Trillium Class Action: Class Counsel's Charge With Respect To Fees And Disbursements Trumps GM's Prior Perfected Security Interest
    • Canada
    • Mondaq Canada
    • April 25, 2019
    ...(Attorney General) (2009), 95 O.R. (3d) 81 (C.A.), at para. 32. [16] (1) Thomas Gold Pettingill LLP v. Ani-Wall Concrete Forming Inc., 2012 ONSC 2182; (2) Tots and Teens Sault Ste. Marie Ltd. (Re), (1975), 11 O.R. (2d) 103 (Bank. Ct.); (3) Dalcor Inc. v. Unimac Group Ltd., (2017), 136 O.R. ......
  • Court Of Appeal Summaries (July 27-31, 2015)
    • Canada
    • Mondaq Canada
    • August 6, 2015
    ...decision in the bankruptcy case of Re Tots and Teens and as summarized in Thomas Gold Pettingill LLP v. Ani-Wall Concrete Forming Inc., 2012 ONSC 2182 about a charging lien made under the court's inherent jurisdiction are: first, the charging lien creates the proprietary interest of a secur......

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