Long v. Sawchuk

Long v. Sawchuk

The retainer defined 'total gross recovery' as amounts paid and interest, and because $490,000 was the amount actually paid pursuant to the judgment, the modified contingency fee of 20% must be calculated on $490,000 (not including unapplied post‑judgment interest); it was unnecessary to record joint and several liability in the certificate; and because the client delivered a valid Rule 37 offer acknowledged Dec 28, 2000 and obtained a recovery exceeding that offer, double costs are awarded from Dec 28, 2000.

Citation
2001 BCSC 1311
Parties
Solicitors: Long, Miller and Norman D. Mullins, Q.C.; Client: Corrine Sawchuk
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
19 September 2001
Procedural Posture
Solicitor Client Fee Dispute / Supplementary Reasons – Settlement of Form of Certificate and Costs Application
Outcome
Contingency fee fixed at 20% of $490,000; no reference to joint and several liability in the certificate; double costs awarded to the client from December 28, 2000.
Legal Topics
Contingency Fee, Court Order Interest Act, Offer to Settle (rule 37), Double Costs, Joint and Several Liability, Fee Agreement Modification
Source Language
English
Civil Procedure Legal Profession Costs Law Contract Law Contingency Fee Court Order Interest Act Offer to Settle (rule 37) Double Costs +2 more

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Parties

Long, Miller and Norman D. Mullins, Q.C.

Solicitors

Corrine Sawchuk

Client

Procedural Posture

Solicitor Client Fee Dispute / Supplementary Reasons – Settlement of Form of Certificate and Costs Application

Legal Issues

  1. 1 Proper base for calculating contingency fee under the retainer
  2. 2 Whether certificate should record joint and several liability of solicitors for repayment
  3. 3 Whether double costs are payable from date of offer acknowledgement (Dec 28, 2000)

Ratio Decidendi

The retainer defined 'total gross recovery' as amounts paid and interest, and because $490,000 was the amount actually paid pursuant to the judgment, the modified contingency fee of 20% must be calculated on $490,000 (not including unapplied post‑judgment interest); it was unnecessary to record joint and several liability in the certificate; and because the client delivered a valid Rule 37 offer acknowledged Dec 28, 2000 and obtained a recovery exceeding that offer, double costs are awarded from Dec 28, 2000.

Court Disposition

Contingency fee fixed at 20% of $490,000; no reference to joint and several liability in the certificate; double costs awarded to the client from December 28, 2000.

Orders

  • Contingency fee to be calculated at 20% of $490,000
  • Certificate shall not refer to joint and several liability of the solicitors