Norton's Legal Centre v. Prasad

Norton's Legal Centre v. Prasad

Regardless of which party terminated the retainer, the solicitors were entitled to be compensated on a quantum meruit basis; the contingency agreement did not supply a method to determine fees after termination so the 30% formula could not be applied; applying the statutory quantum meruit factors the registrar fixed reasonable fees at $4,000 plus taxes, denied special costs to either party (each to bear own costs), and awarded interest on the certified amount from the date settlement funds were paid to new counsel to the date of reasons under the Court Order Interest Act.

Citation
2003 BCSC 253
Parties
Solicitors: NORTON'S LEGAL CENTRE; Client: ERIC NATHANIEL PRASAD
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
14 February 2002
Procedural Posture
Review Under the Legal Profession Act / Registrar Review (fee Assessment)
Outcome
Solicitors awarded fees on quantum meruit in the amount of $4,000 plus taxes; parties ordered to bear their own costs; interest payable on the awarded amount from date settlement funds were paid to new counsel to date of reasons; solicitors may prepare certificate and affidavit confirming interest calculation for...
Legal Topics
Contingency Fee Agreement, Quantum Meruit, Fee Assessment, Solicitor Client Relationship, Termination/repudiation of Retainer, Costs Entitlement, Post Settlement Interest
Source Language
English
Legal Profession Contract Law Equity Civil Procedure Contingency Fee Agreement Quantum Meruit Fee Assessment Solicitor Client Relationship +3 more

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Parties

NORTON'S LEGAL CENTRE

Solicitors

ERIC NATHANIEL PRASAD

Client

Procedural Posture

Review Under the Legal Profession Act / Registrar Review (fee Assessment)

Legal Issues

  1. 1 Are solicitors entitled to fees under the contingency fee agreement?
  2. 2 If not, are solicitors entitled to fees on a quantum meruit basis?
  3. 3 If entitled, what is the appropriate amount of fees, and are costs and interest payable?

Ratio Decidendi

Regardless of which party terminated the retainer, the solicitors were entitled to be compensated on a quantum meruit basis; the contingency agreement did not supply a method to determine fees after termination so the 30% formula could not be applied; applying the statutory quantum meruit factors the registrar fixed reasonable fees at $4,000 plus taxes, denied special costs to either party (each to bear own costs), and awarded interest on the certified amount from the date settlement funds were paid to new counsel to the date of reasons under the Court Order Interest Act.

Court Disposition

Solicitors awarded fees on quantum meruit in the amount of $4,000 plus taxes; parties ordered to bear their own costs; interest payable on the awarded amount from date settlement funds were paid to new counsel to date of reasons; solicitors may prepare certificate and affidavit confirming interest calculation for...

Orders

  • Award solicitor fees in quantum meruit of $4,000.00 plus applicable taxes.
  • Each party to bear their own costs of the review.