In May 2016, Justice Bondy of the Ontario Superior Court of Justice quietly released an important decision. A decision that every civil litigator should know because the principles enunciated in this case seem to elude many lawyers. Maybe greed blinds them, maybe wishful thinking envelopes them, or maybe it never occurs to them that they are in a conflict of interest. Either way, this pervasive behaviour is bringing the administration of justice into disrepute.
Far too often, plaintiff lawyers represent an injured child and his/her parents, who are also defendants by counterclaim. This is a conflict of interest. And in . . . [more]