Polacik v. Symington

Polacik v. Symington

In the absence of a formal retainer the Master applied s.71(4) of the Legal Profession Act and assessed fees on a quantum meruit basis. The Master found recorded preparation time, particularly for chambers and cross-examination preparation, was excessive (30–35 of ~99 hours disallowed), reduced the recoverable legal fees to $13,500 (plus applicable taxes) and allowed disbursements of $1,251.70, resulting in permissible fees and disbursements of $16,709.20. Because the client had paid $19,622.29 she was entitled to a refund; she was also awarded costs of $1,762 pursuant to s.72(1), yielding a net payment by the solicitor to the client of $4,675.09.

Citation
2004 BCSC 47
Parties
Client: Allison Polacik; Solicitor: Darrel Symington
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
15 January 2004
Procedural Posture
Solicitor's Bill Review / Master's Review and Reasons for Judgment
Outcome
Partially allowed: billed fees reduced and client awarded refund and costs.
Legal Topics
Child Support Guidelines, Fee Review, Quantum Meruit, Legal Profession Act S.71(4), Costs S.72(1)
Source Language
English
Family Law Legal Profession Child Support Guidelines Fee Review Quantum Meruit Legal Profession Act S.71(4) Costs S.72(1)

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Parties

Allison Polacik

Client

Darrel Symington

Solicitor

Procedural Posture

Solicitor's Bill Review / Master's Review and Reasons for Judgment

Legal Issues

  1. 1 Whether the solicitor's fees were reasonable and recoverable
  2. 2 Whether time entries for preparation were excessive and should be disallowed
  3. 3 What fee is appropriate under s.71(4) of the Legal Profession Act and quantum meruit

Ratio Decidendi

In the absence of a formal retainer the Master applied s.71(4) of the Legal Profession Act and assessed fees on a quantum meruit basis. The Master found recorded preparation time, particularly for chambers and cross-examination preparation, was excessive (30–35 of ~99 hours disallowed), reduced the recoverable legal fees to $13,500 (plus applicable taxes) and allowed disbursements of $1,251.70, resulting in permissible fees and disbursements of $16,709.20. Because the client had paid $19,622.29 she was entitled to a refund; she was also awarded costs of $1,762 pursuant to s.72(1), yielding a net payment by the solicitor to the client of $4,675.09.

Court Disposition

Partially allowed: billed fees reduced and client awarded refund and costs.

Orders

  • Solicitor's recoverable fee reduced to $13,500 plus GST $945 and PST $1,012.50 (total fees and taxes $15,457.50)
  • Allowable disbursements of $1,251.70; total allowable fees and disbursements $16,709.20