Siddall & Company v. Joubarne

Siddall & Company v. Joubarne

The client instructed the solicitor to settle the wrongful dismissal and human rights matters together; therefore the $50,000 settlement was an amount recovered on the matter for which the solicitor was retained and the contingency fee agreement applied to the entire sum; the solicitor's bill is upheld in full and...

Source-derived case information.

Citation
2005 BCSC 696
Parties
Solicitors: Siddall & Company; Client: Grace Joubarne
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
7 April 2005
Procedural Posture
Solicitor's Account Review (legal Profession Act) / Review Hearing / Oral Reasons for Judgment
Outcome
Solicitor's bill upheld in full; costs awarded to solicitor.
Legal Topics
Contingency Fee Agreements, Solicitor Client Fee Disputes, Costs
Source Language
english
Legal Profession Employment Law Human Rights Contingency Fee Agreements Solicitor Client Fee Disputes Costs

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Parties

Siddall & Company

Solicitors

Grace Joubarne

Client

Procedural Posture

Solicitor's Account Review (legal Profession Act) / Review Hearing / Oral Reasons for Judgment

Legal Issues

  1. 1 Whether contingency fee applies to entire settlement including human rights component
  2. 2 Whether the human rights complaint was part of the matter on which the solicitor was retained
  3. 3 Whether costs should be awarded to the solicitor

Ratio Decidendi

The client instructed the solicitor to settle the wrongful dismissal and human rights matters together; therefore the $50,000 settlement was an amount recovered on the matter for which the solicitor was retained and the contingency fee agreement applied to the entire sum; the solicitor's bill is upheld in full and costs are awarded to the solicitor.

Court Disposition

Solicitor's bill upheld in full; costs awarded to solicitor.

Orders

  • Bill in the amount of $17,113.66 upheld
  • Costs awarded to solicitor fixed at $500