Belding et al. v. Campbell et al.

Belding et al. v. Campbell et al.

On review under s.71 the Registrar found not all time was reasonably spent given the solicitor's lack of specialized experience, inefficient use of senior time, and failure to properly assess and manage expert evidence; accordingly the fair overall fee was fixed at $235,000 and disbursements were agreed.

Citation
2009 BCSC 379
Parties
Client: Peter Belding; Client: Nigel Grech; Client: Spectratek Industries Inc.; Solicitor: Kimberly S. Campbell; Solicitor: Shapiro Hankinson & Knutson Law Corporation
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
20 March 2009
Procedural Posture
Review of Solicitor's Accounts Under S.71 Legal Profession Act / Registrar Hearing (master Tokarek)
Outcome
Fee allowance reduced and fixed at $235,000; disbursements agreed.
Legal Topics
Bill Review Under S.71 LPA, Reasonableness of Legal Fees, Engagement Agreement, Expert Evidence, Accountant Negligence
Source Language
English
Legal Profession Solicitor Client Accounts Professional Negligence Civil Procedure Bill Review Under S.71 LPA Reasonableness of Legal Fees Engagement Agreement Expert Evidence +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 2 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Peter Belding

Client

Nigel Grech

Client

Spectratek Industries Inc.

Client

Kimberly S. Campbell

Solicitor

Shapiro Hankinson & Knutson Law Corporation

Solicitor

Procedural Posture

Review of Solicitor's Accounts Under S.71 Legal Profession Act / Registrar Hearing (master Tokarek)

Legal Issues

  1. 1 Whether fees charged were reasonable and allowable under s.71 of the Legal Profession Act
  2. 2 Whether recorded time and reductions justified the fee claim
  3. 3 Whether solicitor's lack of specialized expertise and case management rendered portions of time unreasonably spent

Ratio Decidendi

On review under s.71 the Registrar found not all time was reasonably spent given the solicitor's lack of specialized experience, inefficient use of senior time, and failure to properly assess and manage expert evidence; accordingly the fair overall fee was fixed at $235,000 and disbursements were agreed.

Court Disposition

Fee allowance reduced and fixed at $235,000; disbursements agreed.

Orders

  • Solicitor's fee allowance fixed at $235000.00
  • Disbursements to be as agreed between the parties