Holness Law Group Professional Law Corporation v. Cui

Holness Law Group Professional Law Corporation v. Cui

The registrar concluded the contractual entitlement is to a proportion of the 30% contingency fee but, exercising discretion under s.71(4), evaluated HLG's actual contribution against the statutory factors and found HLG's contribution materially less than claimed; disbursements incurred by successor counsel were reasonable and should be deducted; applying those factors the appropriate award to HLG is 5% of the 30% fee calculated on the settlement net of costs and disbursements, resulting in an assessed fee of $52,341.97 plus taxes and interest under s.73(3) LPA.

Citation
2020 BCSC 1448
Parties
Solicitor (law Firm): Holness Law Group Professional Law Corporation; Solicitor: Renn A. Holness; Client: Guilan Cui (also known as Christine Cui)
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
30 September 2020
Procedural Posture
Fee Review Under the Legal Profession Act / Review Before Registrar/master (reasons for Decision)
Outcome
Account reviewed and assessed: HLG entitled to 5% of the 30% contingency fee; assessed fee $52,341.97 plus taxes and interest (interest calculated under s.73(3) LPA).
Legal Topics
Contingency Fee, Fee Assessment, Disbursements, Proportionate Contribution, Interest on Fees
Source Language
English
Solicitor Client Fees Legal Profession Personal Injury Civil Procedure Contingency Fee Fee Assessment Disbursements Proportionate Contribution +1 more

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Parties

Holness Law Group Professional Law Corporation

Solicitor (law Firm)

Renn A. Holness

Solicitor

Guilan Cui (also known as Christine Cui)

Client

Procedural Posture

Fee Review Under the Legal Profession Act / Review Before Registrar/master (reasons for Decision)

Legal Issues

  1. 1 Whether HLG is entitled to a proportionate share of the fee and whether that proportion is of the contractual 30% fee or of the actual discounted fee charged by successor counsel
  2. 2 Whether specific disbursements claimed by successor counsel were necessarily or properly incurred
  3. 3 What proportion of the overall fee reflects HLG's contribution and work

Ratio Decidendi

The registrar concluded the contractual entitlement is to a proportion of the 30% contingency fee but, exercising discretion under s.71(4), evaluated HLG's actual contribution against the statutory factors and found HLG's contribution materially less than claimed; disbursements incurred by successor counsel were reasonable and should be deducted; applying those factors the appropriate award to HLG is 5% of the 30% fee calculated on the settlement net of costs and disbursements, resulting in an assessed fee of $52,341.97 plus taxes and interest under s.73(3) LPA.

Court Disposition

Account reviewed and assessed: HLG entitled to 5% of the 30% contingency fee; assessed fee $52,341.97 plus taxes and interest (interest calculated under s.73(3) LPA).

Orders

  • HLG's fee assessed at $52,341.97 (5% of the 30% contingency fee calculated on the settlement net of costs and disbursements)
  • Taxes payable on the assessed fee as applicable