H.S. v. Owen

H.S. v. Owen

Adjudicator found significant inefficiencies and unreasonable ancillary charges, determined 35 hours at $300/hour ($10,500) plus reduced disbursements ($850) and HST to be reasonable, taxed the account at $13,000.00, ordered refund to the client of $5,160.23, and awarded costs of taxation of $1,427.00 to the client because the lawyer failed to justify the original bill and did not act to minimize expense in light of the client's financial vulnerability.

Citation
2016 NSSM 44
Parties
Applicant (client): H.S.; Respondent (lawyer): G. MICHAEL OWEN
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
11 July 2016
Procedural Posture
Taxation of Account (small Claims Court) / Decision and Costs (post Hearing)
Outcome
Account taxed at $13,000.00; client entitled to refund of $5,160.23; costs of taxation awarded to client in the amount of $1,427.00.
Legal Topics
Lawyer's Fees, Reasonableness of Fees, Retainer Agreements, Disbursements, Credit Card Surcharges, Lien on File, HST, Taxation of Accounts
Source Language
English
Family Law Legal Professional Conduct Civil Procedure Costs and Taxation Contract Law Lawyer's Fees Reasonableness of Fees Retainer Agreements +5 more

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Parties

H.S.

Applicant (client)

G. MICHAEL OWEN

Respondent (lawyer)

Procedural Posture

Taxation of Account (small Claims Court) / Decision and Costs (post Hearing)

Legal Issues

  1. 1 Whether the lawyer's fees were fair and reasonable
  2. 2 Whether the retainer/credit card charge was unauthorized or improper
  3. 3 Whether certain disbursements and ancillary charges (credit card surcharge, photocopying, fax, administrative/environmental fees) were reasonable

Ratio Decidendi

Adjudicator found significant inefficiencies and unreasonable ancillary charges, determined 35 hours at $300/hour ($10,500) plus reduced disbursements ($850) and HST to be reasonable, taxed the account at $13,000.00, ordered refund to the client of $5,160.23, and awarded costs of taxation of $1,427.00 to the client because the lawyer failed to justify the original bill and did not act to minimize expense in light of the client's financial vulnerability.

Court Disposition

Account taxed at $13,000.00; client entitled to refund of $5,160.23; costs of taxation awarded to client in the amount of $1,427.00.

Orders

  • Bill taxed at $13,000.00 (rounded down from $13,000.43)
  • Respondent to refund Applicant $5,160.23