Blair v. Teichroeb

Blair v. Teichroeb

The Master held that the disbursements were reasonably necessary and authorized by the client under the contingency agreement and certified the corrected account plus contractual interest under s.71 LPA; accordingly the client was ordered to pay $20,063.48 plus interest of $1,610.57 (18% per annum from Dec 18, 2002...

Source-derived case information.

Citation
2003 BCSC 1190
Parties
Plaintiff (law Firm): Mair Jensen Blair; Defendant (client): David Teichroeb
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
29 July 2003
Procedural Posture
Account Review Under the Legal Professions Act / Hearing Before Master (review of Disbursement Account)
Outcome
Account certified in favor of plaintiff law firm; client ordered to pay certified disbursements plus contractual interest.
Legal Topics
Contingency Fee Agreement, Disbursements, Bill Review, Interest on Unpaid Account, Registrar Powers Under LPA
Source Language
english
Legal Profession Costs and Fees Civil Litigation Contract (contingency Fee) Contingency Fee Agreement Disbursements Bill Review Interest on Unpaid Account +1 more

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Parties

Mair Jensen Blair

Plaintiff (law Firm)

David Teichroeb

Defendant (client)

Procedural Posture

Account Review Under the Legal Professions Act / Hearing Before Master (review of Disbursement Account)

Legal Issues

  1. 1 Whether a lawyer may obtain a review of disbursements rendered under a contingency fee agreement under ss.70/71 LPA
  2. 2 Whether the disbursements were reasonably necessary and authorized by the client
  3. 3 Whether interest under the agreement is payable and its calculation

Ratio Decidendi

The Master held that the disbursements were reasonably necessary and authorized by the client under the contingency agreement and certified the corrected account plus contractual interest under s.71 LPA; accordingly the client was ordered to pay $20,063.48 plus interest of $1,610.57 (18% per annum from Dec 18, 2002 to May 28, 2003) for a total of $21,674.05.

Court Disposition

Account certified in favor of plaintiff law firm; client ordered to pay certified disbursements plus contractual interest.

Orders

  • Certify corrected disbursement account in the amount of $20,063.48.
  • Allow contractual interest at 18% per annum from December 18, 2002 to May 28, 2003 in the amount of $1,610.57.