Sale v. McMillan

Sale v. McMillan

Mrs. McMillan, by her conduct—allowing her husband to manage the property and legal affairs, providing security for costs, paying accounts, receiving and permitting accounting and communications through her husband—ratified her husband's retention of the appellants and is therefore bound to pay the solicitors' bills; the appeal was allowed and the trial judge's finding of a binding retainer was restored.

Citation
[1932] SCR 543
Parties
Plaintiffs/appellants (solicitors): Sale and Sale; Defendant/respondent (executor): McMillan (executor of the will of Mrs. McMillan, deceased)
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
24 March 1932
Procedural Posture
Civil Action for Payment of Solicitors' Costs (bill of Costs) / Appeal to the Supreme Court of Canada From the Court of Appeal for Ontario; Appeal Allowed and Trial Judgment Restored
Outcome
Appeal allowed; judgment of trial judge restored in favour of plaintiffs (solicitors).
Legal Topics
Retainer, Authority of Agent, Ratification by Conduct, Estoppel by Conduct, Solicitors' Costs
Source Language
English
Professional Law Agency Estoppel Estate Administration Retainer Authority of Agent Ratification by Conduct Estoppel by Conduct +1 more

Case Brief

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Parties

Sale and Sale

Plaintiffs/appellants (solicitors)

McMillan (executor of the will of Mrs. McMillan, deceased)

Defendant/respondent (executor)

Procedural Posture

Civil Action for Payment of Solicitors' Costs (bill of Costs) / Appeal to the Supreme Court of Canada From the Court of Appeal for Ontario; Appeal Allowed and Trial Judgment Restored

Legal Issues

  1. 1 Whether Mrs. McMillan retained the plaintiffs as her solicitors
  2. 2 Whether Mr. McMillan had authority to instruct and retain solicitors on his wife's behalf
  3. 3 Whether the deceased ratified her husband's retention of solicitors by her conduct

Ratio Decidendi

Mrs. McMillan, by her conduct—allowing her husband to manage the property and legal affairs, providing security for costs, paying accounts, receiving and permitting accounting and communications through her husband—ratified her husband's retention of the appellants and is therefore bound to pay the solicitors' bills; the appeal was allowed and the trial judge's finding of a binding retainer was restored.

Court Disposition

Appeal allowed; judgment of trial judge restored in favour of plaintiffs (solicitors).

Orders

  • Appeal allowed with costs
  • Judgment of McEvoy J. restored in favour of the plaintiffs for payment of the solicitors' bills