Liebrecht v. Leider

Liebrecht v. Leider

The three retainer documents read together manifest a clear and unequivocal agreement that German law governs and Munich is the agreed forum; the client failed to show strong cause to displace that forum selection clause; s.65(3) LPA did not invalidate the clause in the circumstances; accordingly a stay of the British Columbia proceeding in favour of proceedings in Germany is appropriate.

Citation
2010 BCSC 549
Parties
Solicitor: Hubertus Liebrecht; Client: Margit Lieder
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
23 April 2010
Procedural Posture
Solicitor's Bill Review / Fee Dispute / Hearing on Jurisdiction Motion Under Rule 14(6) (interlocutory Motion to Strike/dismiss/stay)
Outcome
Proceeding stayed in favour of the contractually selected German forum; paragraphs 1 and 2 of the notice of motion dismissed
Legal Topics
Forum Selection Clause, Choice of Law, Fee Assessment, Foreign Lawyer Permit, Stay of Proceedings, Enforceability of Contractual Clauses, Section 65(3) Legal Profession Act
Source Language
English
Civil Procedure Legal Profession Regulation Contract Conflict of Laws Private International Law Forum Selection Clause Choice of Law Fee Assessment +4 more

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Parties

Hubertus Liebrecht

Solicitor

Margit Lieder

Client

Procedural Posture

Solicitor's Bill Review / Fee Dispute / Hearing on Jurisdiction Motion Under Rule 14(6) (interlocutory Motion to Strike/dismiss/stay)

Legal Issues

  1. 1 Whether British Columbia court has jurisdiction over a foreign law practitioner operating under a Law Society permit to determine a fee review
  2. 2 Whether the forum selection and choice of law clauses in the retainer are clear and enforceable
  3. 3 Whether s.65(3) of the Legal Profession Act voids contractual terms that would relieve a lawyer from responsibility to prove a bill

Ratio Decidendi

The three retainer documents read together manifest a clear and unequivocal agreement that German law governs and Munich is the agreed forum; the client failed to show strong cause to displace that forum selection clause; s.65(3) LPA did not invalidate the clause in the circumstances; accordingly a stay of the British Columbia proceeding in favour of proceedings in Germany is appropriate.

Court Disposition

Proceeding stayed in favour of the contractually selected German forum; paragraphs 1 and 2 of the notice of motion dismissed

Orders

  • Stay of the proceeding pending determination in the German courts pursuant to the parties' agreement
  • Paragraphs 1 and 2 of the notice of motion dated April 12, 2010 dismissed