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Farris LLP: Vancouver's Law Firm


27 October 2009

George Macintosh, Q.C. and Tim Dickson Win Supreme Court of Canada Decision

Farris Partner George Macintosh, Q.C. and Farris Associate Tim Dickson win a Supreme Court of Canada decision in the case of Galambos v. Perez, 2009 SCC 48, in which Farris represented the Appellants, Michael Z. Galambos and Michael Z. Galambos Law Corporation, both carrying on business as “Galambos & Company” and the said Galambos & Company. The decision rendered by the Supreme Court of Canada was unanimous.

The Appeal addressed the following issues:

Torts — Negligence — Fiduciary duty — Bookkeeper making unsolicited and voluntary cash advances to employer law firm which was experiencing financial difficulties — Law firm acting on bookkeeper’s behalf in preparing two wills and in handling two mortgage transactions while she was working for it — Law firm going bankrupt and bookkeeper finding herself unsecured creditor — Whether duty of care under negligence principles or per se fiduciary obligations arose within solicitor-client relationship — Whether ad hoc fiduciary duties arose from power dependency relationship existing between bookkeeper and lawyer — Whether in such relationships, fiduciary duties may arise simply on basis of reasonable expectations of weaker party and without any mutual understanding of both parties that one must act in interests of the other — Whether fiduciary duties may arise although fiduciary has no discretionary power to affect other party’s legal or important practical interests.

To read the complete judgment, please click on the attachment below:
Galambos v. Perez, 2009 SCC 48

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