MacDougall v. The Law Society of Upper Canada

MacDougall v. The Law Society of Upper Canada

Permitting an uncertificated person’s name to appear in a firm style, on advertisements, cards and office signs, or endorsement of the firm name on papers does not, without more, constitute "practising as a solicitor" under R.S.O. (1877) c.140 s.21; there must be acts exercising the functions of a solicitor or appearance as attorney of record, and estoppel cannot be used in penal proceedings to substitute fiction for fact.

Citation
(1890) 18 SCR 203
Parties
Appellant/plaintiff: William MacDougall; Respondent/defendant: The Law Society of Upper Canada
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
10 November 1890
Procedural Posture
Appeal / On Appeal to the Supreme Court of Canada From the Court of Appeal for Ontario (final Judgment)
Outcome
Appeal allowed with costs; order of Divisional Court discharged; application dismissed
Legal Topics
Solicitor Certification, Practice of Law, Estoppel, Construction of Penal Statutes, Firm Name Usage
Source Language
English
Professional Law Partnership Law Administrative Law Solicitor Certification Practice of Law Estoppel Construction of Penal Statutes Firm Name Usage

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Parties

William MacDougall

Appellant/plaintiff

The Law Society of Upper Canada

Respondent/defendant

Procedural Posture

Appeal / On Appeal to the Supreme Court of Canada From the Court of Appeal for Ontario (final Judgment)

Legal Issues

  1. 1 Whether allowing an uncertificated solicitor's name to appear in firm style, advertisements and letterheads constitutes "practising as a solicitor" under R.S.O. (1877) c.140 s.21
  2. 2 Whether endorsement of firm name on court papers amounts to practising as a solicitor absent the uncertificated person performing solicitor functions
  3. 3 Whether estoppel prevents the uncertificated person from showing he was not in fact a member of the firm in proceedings under a penal statute

Ratio Decidendi

Permitting an uncertificated person’s name to appear in a firm style, on advertisements, cards and office signs, or endorsement of the firm name on papers does not, without more, constitute "practising as a solicitor" under R.S.O. (1877) c.140 s.21; there must be acts exercising the functions of a solicitor or appearance as attorney of record, and estoppel cannot be used in penal proceedings to substitute fiction for fact.

Court Disposition

Appeal allowed with costs; order of Divisional Court discharged; application dismissed

Orders

  • Appeal allowed with costs in this Court and the courts below
  • Order suspending appellant from practice discharged