Admissions During Submissions: When Can They Be Withdrawn?
In Szabo Estate v. Adelson, the court held that a solicitor’s lien extended to an original will being held by that solicitor. The estate trustee sought to set aside that decision, arguing that the court should exercise its discretion to permit her to withdraw admissions made by her counsel during oral submissions.
During the application, her lawyer conceded that the estate solicitor was entitled to place a lien on the file – however, he argued that the lien could not extend to the original will.
The estate trustee wanted to withdraw that admission on the basis that there was no evidence to support a finding that she had discharged the estate solicitor. She asked to submit further evidence relating to the termination of his retainer.
While the court acknowledged that there was no written evidence in front of it during the original application that spoke to the circumstances surrounding the end of the estate solicitor’s retainer, the court also pointed out that counsel for the estate trustee had conceded on two instances during oral submissions that, with the exception of the original will, the estate solicitor was entitled to put a lien on the file.
In denying the estate trustee’s motion, the court observed that judges are often required to rely on the oral submissions made by counsel in determining the matters before them. As such, when counsel does make an admission, it is reasonable for the court to assume that counsel and his or her client do so understanding that the consequence that will flow from the admission and the inferences that the court might make.
Thanks for reading!
Megan F. Connolly
