Cook Roberts v. Ruffolo

Cook Roberts v. Ruffolo

The registrar dismissed the disqualification applications and ordered that the client provide a written summary of objections 14 days before the hearing, that parties exchange witness lists 7 days before the hearing, and that the Law Firm produce original time records and a list of documents it intends to rely on 7 days before the hearing, but the registrar declined to order will-say statements.

Citation
2007 BCSC 1339
Parties
Law Firm: Cook Roberts LLP; Client: Ruby-Ann Louise Juba Ruffolo
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
6 September 2007
Procedural Posture
Review of Solicitor's Bill Under S.70 Legal Profession Act / Pre Hearing Applications for Disqualification and Directions; Hearing Scheduled for September 12 13, 2007
Outcome
Disqualification applications dismissed; pre-hearing disclosure and exchange directions issued
Legal Topics
Bill Review Under S.70, Recusal/disqualification of Adjudicator, Disclosure and Production of Time Records and Documents, Pre Hearing Directions and Witness Lists
Source Language
English
Legal Profession Civil Procedure Professional Responsibility Bill Review Under S.70 Recusal/disqualification of Adjudicator Disclosure and Production of Time Records and Documents Pre Hearing Directions and Witness Lists

Case Brief

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Parties

Cook Roberts LLP

Law Firm

Ruby-Ann Louise Juba Ruffolo

Client

Procedural Posture

Review of Solicitor's Bill Under S.70 Legal Profession Act / Pre Hearing Applications for Disqualification and Directions; Hearing Scheduled for September 12 13, 2007

Legal Issues

  1. 1 Whether the registrar should be disqualified from adjudicating the bill review
  2. 2 Whether the Law Firm must produce original time records, witness names, will-say statements and all relevant witness documents
  3. 3 What pre-hearing directions are appropriate to allow meaningful review of the bill

Ratio Decidendi

The registrar dismissed the disqualification applications and ordered that the client provide a written summary of objections 14 days before the hearing, that parties exchange witness lists 7 days before the hearing, and that the Law Firm produce original time records and a list of documents it intends to rely on 7 days before the hearing, but the registrar declined to order will-say statements.

Court Disposition

Disqualification applications dismissed; pre-hearing disclosure and exchange directions issued

Orders

  • Client to provide a written summary of objections and concerns with respect to the Cook Roberts bill 14 days in advance of the hearing
  • Parties to exchange witness lists 7 days in advance of the hearing