Singleton & Associates v. Mathieson

Singleton & Associates v. Mathieson

The adjudicator found the solicitor's time entries, hourly rates and disbursements to be reasonable under the governing ethical guidelines and Civil Procedure Rules, the contingency fee agreement entitled recovery on taxation after client dismissal, the defendant failed to respond or appear to oppose taxation, and therefore the full account of $5,226.98 was taxed and allowed and a Certificate of Taxation shall issue.

Citation
2005 NSSM 4
Parties
Claimant Solicitor: SINGLETON & ASSOCIATES, Barristers & Solicitors; Defendant (client): IRIS MATHIESON
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
17 August 2005
Procedural Posture
Taxation of Solicitor's Account (small Claims Court) / Taxation Hearing and Decision (recovery of Solicitor's Fees)
Outcome
Claimant's taxation allowed in full; account taxed and allowed.
Legal Topics
Fee Taxation, Contingency Fee Agreement, Adjournment and Appearance, Certificate of Taxation, Functus Officio
Source Language
English
Civil Litigation Legal Ethics Solicitor Client Law Small Claims Procedure Fee Taxation Contingency Fee Agreement Adjournment and Appearance Certificate of Taxation +1 more

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Parties

SINGLETON & ASSOCIATES, Barristers & Solicitors

Claimant Solicitor

IRIS MATHIESON

Defendant (client)

Procedural Posture

Taxation of Solicitor's Account (small Claims Court) / Taxation Hearing and Decision (recovery of Solicitor's Fees)

Legal Issues

  1. 1 Whether the solicitor's fees charged were fair and reasonable and recoverable on taxation
  2. 2 Whether the Contingency Fee Agreement entitled the solicitor to recover fees/disbursements after client dismissal
  3. 3 Whether the taxation should be adjourned or re-opened given counsel's failure to appear

Ratio Decidendi

The adjudicator found the solicitor's time entries, hourly rates and disbursements to be reasonable under the governing ethical guidelines and Civil Procedure Rules, the contingency fee agreement entitled recovery on taxation after client dismissal, the defendant failed to respond or appear to oppose taxation, and therefore the full account of $5,226.98 was taxed and allowed and a Certificate of Taxation shall issue.

Court Disposition

Claimant's taxation allowed in full; account taxed and allowed.

Orders

  • Account in favour of Singleton & Associates allowed in the sum of $5,226.98.
  • A Certificate of Taxation shall issue in the normal format.