“Whether a solicitor-client relationship exists is a question of fact. A formal, written retainer agreement is neither necessary nor determinative. The issue is “whether a reasonable person in the position of a party with knowledge of all the facts would reasonably form the belief that the lawyer was acting for a particular party: Trillium Motor World Ltd v General Motors of Canada Ltd, 2015 ONSC 3824 at para 413, citing Jeffers v Calico Compression Systems, 2002 ABQB 72 at para 8.
In determining whether a solicitor-client relationship exists, the following indicia are considered, although not all indicia need be present:
(a) the existence of a contract or retainer;
(b) a file opened by the lawyer;
(c) meetings between the lawyer and the party;
(d) correspondence between the lawyer and the party;
(e) a bill rendered by the lawyer to the party;
(f) a bill paid by the party;
(g) instructions given by the party to the lawyer;
(h) the lawyer acting on the instructions given;
(i) statements made by the lawyer that the lawyer is acting for the party;
(j) a reasonable expectation by the party about the lawyer’s role;
(k) legal advice given;
(l) any legal documents created for the party;
(m) the party’s vested interest in the outcome of the proceeding; and
(n) the belief of other parties to the litigation that the party was represented by the lawyer.
See Jeffers, supra at para 8; Trillium, supra at para 412; Rye & Partners v 1041977 Ontario Inc., [2002] OJ No. 4518 at paras. 13-14.”