Berge Horn v. Ziebler

Berge Horn v. Ziebler

Where retainer language was ambiguous and the clients' and solicitor's credibility were in equipoise, the clients' interpretation that the $10,000 was for trial was preferred; the solicitor failed to disclose significant unbilled fees and disbursements when obtaining the $10,000 so the bill was reduced by disallowing or discounting certain disbursements (Carswell/Quicklaw/telephone surcharges) and fees, resulting in a reduced payable amount, an award of hearing costs to the clients, and interest to be applied as per the retainer.

Citation
2008 BCSC 72
Parties
Solicitors: Berge Horn; Client: Susan Ziebler; Client: Peter Panasiuk
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
16 January 2008
Procedural Posture
Bill Review Under the Legal Profession Act S.70(3) / Review Hearing Before Master (fee Assessment)
Outcome
Bill reduced; specific disbursements and surcharges disallowed or reduced; clients found to owe net $1,348.32; clients awarded costs of $1,850.00; solicitors may add interest on unpaid amounts in accordance with the retainer.
Legal Topics
Retainer Agreement, Disbursements, Trust Funds, Billing Practices, Expert Witness Engagement, Settlement Negotiations
Source Language
English
Legal Profession Fee Assessment Civil Litigation Contract Law Retainer Agreement Disbursements Trust Funds Billing Practices +2 more

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Parties

Berge Horn

Solicitors

Susan Ziebler

Client

Peter Panasiuk

Client

Procedural Posture

Bill Review Under the Legal Profession Act S.70(3) / Review Hearing Before Master (fee Assessment)

Legal Issues

  1. 1 Whether the $10,000 payment of September 28, 2005 was a trial retainer or for trial preparation
  2. 2 Whether unbilled fees and disbursements should have been disclosed before accepting the $10,000
  3. 3 Whether specific disbursements (Sawchuk, Carswell, Quicklaw, telephone surcharges) were reasonable and properly charged

Ratio Decidendi

Where retainer language was ambiguous and the clients' and solicitor's credibility were in equipoise, the clients' interpretation that the $10,000 was for trial was preferred; the solicitor failed to disclose significant unbilled fees and disbursements when obtaining the $10,000 so the bill was reduced by disallowing or discounting certain disbursements (Carswell/Quicklaw/telephone surcharges) and fees, resulting in a reduced payable amount, an award of hearing costs to the clients, and interest to be applied as per the retainer.

Court Disposition

Bill reduced; specific disbursements and surcharges disallowed or reduced; clients found to owe net $1,348.32; clients awarded costs of $1,850.00; solicitors may add interest on unpaid amounts in accordance with the retainer.

Orders

  • Reduce account dated November 17, 2005 and October 25, 2005 to a total payable of $7,571.91 as set out in reasons
  • Clients to pay solicitors net amount owing $1,348.32 after credits and adjustments