Matthews v. Gilbert

Matthews v. Gilbert

Master accepted solicitor's evidence as credible, found billed amounts were already significantly discounted versus recorded time, $250/hour was reasonable in Cranbrook for experienced family law counsel, file complexity justified the time, no basis to reduce the accounts; allowed both accounts in full with interest from specified dates and awarded Scale B costs totalling $4,180 plus $200 disbursements (total $4,380).

Citation
2014 BCSC 1430
Parties
Solicitor/claimant: Murielle A. Matthews; Client/respondent: Georgina Elaine Louise Gilbert
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
13 June 2014
Procedural Posture
Legal Bill Review Under Part 8 of the Legal Profession Act / Review Hearing and Decision by Master in Chambers
Outcome
Accounts allowed in full
Legal Topics
Fee Assessment, Retainer Agreement, Interest on Accounts, Security for Fees / Caveat / Charging Order, Costs Assessment, Trust Ledger and Retainer Application
Source Language
English
Family Law Legal Profession / Solicitor's Accounts Civil Procedure Fee Assessment Retainer Agreement Interest on Accounts Security for Fees / Caveat / Charging Order Costs Assessment +1 more

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Parties

Murielle A. Matthews

Solicitor/claimant

Georgina Elaine Louise Gilbert

Client/respondent

Procedural Posture

Legal Bill Review Under Part 8 of the Legal Profession Act / Review Hearing and Decision by Master in Chambers

Legal Issues

  1. 1 Whether the accounts rendered by the solicitor are reasonable and payable
  2. 2 Whether interest should be applied and at what rate
  3. 3 Whether the solicitor kept adequate time records and communicated appropriately with the client

Ratio Decidendi

Master accepted solicitor's evidence as credible, found billed amounts were already significantly discounted versus recorded time, $250/hour was reasonable in Cranbrook for experienced family law counsel, file complexity justified the time, no basis to reduce the accounts; allowed both accounts in full with interest from specified dates and awarded Scale B costs totalling $4,180 plus $200 disbursements (total $4,380).

Court Disposition

Accounts allowed in full

Orders

  • February 17, 2012 account allowed in the amount of $9,124.05 plus interest at registrar's rates from February 18, 2012
  • July 20, 2012 account allowed in the amount of $23,435.19 plus interest at registrar's rates from July 20, 2012