Walker v. Schober

Walker v. Schober

The registrar exceeded his jurisdiction by making unsupported findings of discreditable conduct that permeated and improperly influenced his assessment of allowable fees; those findings lacked the particularized credibility findings and evidentiary analysis required and therefore the fee assessment must be set aside and the matter remitted for a new hearing before a different reviewing officer.

Citation
2006 BCSC 1691
Parties
Appellant (solicitor): Kathleen Walker; Respondent (client): Bernard Beat Schober
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
15 November 2006
Procedural Posture
Fee Assessment Appeal / Reasons for Judgment on Appeal; Remittal Ordered
Outcome
Registrar's decision reduced account set-aside in part; matter remitted for a fresh hearing before a different reviewing officer and registrar's discreditable conduct findings held to be beyond jurisdictional reach in absence of adequate findings
Legal Topics
Default Judgment, Informed Consent, Solicitor Conduct, Fee Assessment, Registrar Jurisdiction, Setting Aside Default
Source Language
English
Family Law Legal Ethics Professional Regulation Costs Assessment Default Judgment Informed Consent Solicitor Conduct Fee Assessment +2 more

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Parties

Kathleen Walker

Appellant (solicitor)

Bernard Beat Schober

Respondent (client)

Procedural Posture

Fee Assessment Appeal / Reasons for Judgment on Appeal; Remittal Ordered

Legal Issues

  1. 1 Did the registrar exceed jurisdiction by making findings of discreditable conduct?
  2. 2 Whether the client was adequately informed of risks of proceeding by default
  3. 3 Whether the solicitor engaged in 'subterfuge' by delaying delivery of the order

Ratio Decidendi

The registrar exceeded his jurisdiction by making unsupported findings of discreditable conduct that permeated and improperly influenced his assessment of allowable fees; those findings lacked the particularized credibility findings and evidentiary analysis required and therefore the fee assessment must be set aside and the matter remitted for a new hearing before a different reviewing officer.

Court Disposition

Registrar's decision reduced account set-aside in part; matter remitted for a fresh hearing before a different reviewing officer and registrar's discreditable conduct findings held to be beyond jurisdictional reach in absence of adequate findings

Orders

  • Order that the registrar's assessment be set aside to the extent it relied on findings of discreditable conduct
  • Matter remitted for a re-hearing before a different reviewing officer