Gerald J. Lecovin Law Corporation v. Murphy

Gerald J. Lecovin Law Corporation v. Murphy

The Master allowed the hourly rate increase to $400/hour from the date notice was sent, applied contra proferentem to construe the ambiguous court-day fee clause against the solicitor and expunged any charges exceeding the agreed court-day fee ($4,000), and found that fees charged for dealing with the costs dispute should be limited to 15 hours at $400/hr ($6,000), resulting in a reduction of $6,815.77; disbursements were not disturbed and the solicitor is entitled to HST on the $6,000.

Citation
2012 BCSC 1154
Parties
Solicitors: Gerald J. Lecovin Law Corporation doing business as Lecovin & Company Solicitors; Client: Shannon Marie Murphy
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
1 August 2012
Procedural Posture
Solicitor's Bill Review / Fee Dispute Under the Legal Profession Act / Review by Master (sitting as Registrar)
Outcome
Fee review granted in part: rate increase allowed from notice, certain charges expunged and fee reductions ordered.
Legal Topics
Retainer Agreement, Fee Dispute, Bill Taxation, Contra Proferentem, Interpretation of Court Day Fee, Section 71 Legal Profession Act Factors
Source Language
English
Legal Profession Contract Family Law Civil Procedure Costs Retainer Agreement Fee Dispute Bill Taxation +3 more

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Parties

Gerald J. Lecovin Law Corporation doing business as Lecovin & Company Solicitors

Solicitors

Shannon Marie Murphy

Client

Procedural Posture

Solicitor's Bill Review / Fee Dispute Under the Legal Profession Act / Review by Master (sitting as Registrar)

Legal Issues

  1. 1 Whether the solicitor validly increased hourly rates given client notice
  2. 2 Whether court-day flat fee permitted additional hourly charges and how ambiguity should be resolved
  3. 3 Whether fees charged for post-trial costs work were reasonable in amount of time billed

Ratio Decidendi

The Master allowed the hourly rate increase to $400/hour from the date notice was sent, applied contra proferentem to construe the ambiguous court-day fee clause against the solicitor and expunged any charges exceeding the agreed court-day fee ($4,000), and found that fees charged for dealing with the costs dispute should be limited to 15 hours at $400/hr ($6,000), resulting in a reduction of $6,815.77; disbursements were not disturbed and the solicitor is entitled to HST on the $6,000.

Court Disposition

Fee review granted in part: rate increase allowed from notice, certain charges expunged and fee reductions ordered.

Orders

  • Hourly rate increase to $400.00 per hour allowed from the date notice was sent to the client.
  • Any charges exceeding $4,000.00 per court day are disallowed; hours charged over a court day rate to be expunged.