In the
first part of this two-part series, we analyzed the recent
decision of Justice Paul Perell in Kalia v. Kalia 2020
ONSC 935. We addressed the issues of whether or not an elderly or
vulnerable litigant (in this case, Adarsh Kalia) can ever rely on a
family member to assist in retaining a lawyer and getting legal
advice. And what is a litigant to do (and, more importantly, not
do) when they are concerned that their adversary lacks capacity? We
will now discuss the court's response to the litigants.
Justice Perell found as a fact that the plaintiff's lawyer,
Joga Chahal, of Bougadis, Chang LLP, was authorized to commence the
action, and swiftly dismissed defendant Rakhi Kalia's (one of
Adarsh's daughters) motion to have Bougadis, Chang LLP
disqualified as lawyers of record. (The court did, however, grant
Rakhi leave to deliver an amended Statement of Defence.)
