The concept of unbundling of legal services seems a major
discussion point these days. Clients decide they do not need
– or, more importantly, do not want to pay for - specified
services, so they retain lawyers to perform some services and the
clients take responsibility for the remainder. Sounds nice in
theory, but, in practice, determining who is supposed to do what is
not that simple – as demonstrated in Outaouais
Synergest Inc. v. Keenan (2013) O.R. (3d) 742 (C.A.).
Access
The City of Ottawa wanted to open up some of its lands for
development. To that effect, it agreed with a farmer that it would
build a road through the farm, greatly increasing the value of the
land. In return, farmer agreed to pay a portion of the road cost,
but only once farmer sold the land. The parties effected this deal
by a transfer from farmer to Ottawa of the road allowance and a 0.3
metre reserve on farmer's adjoining lands. The reserve would be
lifted by way of a payment of funds set
