March v. Stanley T. Cope, Personal Law Corporation

March v. Stanley T. Cope, Personal Law Corporation

The registrar found the disbursements were necessary and expressly authorized by the client; s.73(3) mandates adding interest at the contractual rate where agreed, therefore interest at 18% was allowed (including on the two $5,000 advances despite lack of formal documentation), and the registrar exercised discretion...

Source-derived case information.

Citation
2011 BCSC 1799
Parties
Client: Belinda March; Solicitor: Stanley T. Cope, Personal Law Corporation
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
28 December 2011
Procedural Posture
Review of Solicitor's Bill Under Legal Profession Act / Review Hearing Oral Reasons for Decision
Outcome
Registrar certified the lawyer's bills, allowed disbursements and contractual interest at 18%, and ordered no costs payable by either party.
Legal Topics
Contingency Fee Agreement, Disbursements, Interest on Unpaid Accounts, Part 7 ICBC Benefits, Fee Review, Costs Allocation
Source Language
english
Legal Profession Contract Personal Injury Insurance Civil Procedure Contingency Fee Agreement Disbursements Interest on Unpaid Accounts +3 more

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Parties

Belinda March

Client

Stanley T. Cope, Personal Law Corporation

Solicitor

Procedural Posture

Review of Solicitor's Bill Under Legal Profession Act / Review Hearing Oral Reasons for Decision

Legal Issues

  1. 1 Whether the disbursements were necessary and authorized by the client
  2. 2 Whether contractual interest at 18% is recoverable on unpaid disbursements under s.73(3)
  3. 3 Whether two $5,000 advances by the lawyer were contemplated by the contingency agreement and attract interest

Ratio Decidendi

The registrar found the disbursements were necessary and expressly authorized by the client; s.73(3) mandates adding interest at the contractual rate where agreed, therefore interest at 18% was allowed (including on the two $5,000 advances despite lack of formal documentation), and the registrar exercised discretion under s.72(2) to order no costs against either party.

Court Disposition

Registrar certified the lawyer's bills, allowed disbursements and contractual interest at 18%, and ordered no costs payable by either party.

Orders

  • Registrar to certify the accounts with interest in accordance with the contingency fee agreement at 18% per annum
  • Interest allowed as claimed in the sum of $11,977.02