Samuels v. Steensland

Samuels v. Steensland

The retainer, as signed with the word 'special' crossed out, must be read to exclude out‑of‑pocket medical (special) damages incurred up to settlement from the contingency percentage, while income loss (past and future) was intended by the parties to be included in the amount subject to the percentage; the court...

Source-derived case information.

Citation
2000 BCSC 1250
Parties
Solicitor: GREGORY L. SAMUELS; Client: ELLEN STEENSLAND
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
21 August 2000
Procedural Posture
Legal Profession Act Application / Hearing on Notice of Motion (may 30, 2000)
Outcome
Application granted to the extent of interpreting the retainer: special damages (medical expenses incurred up to settlement) are excluded from the contingency calculation; income loss is included; solicitor ordered to deliver bill; applicant awarded costs.
Legal Topics
Retainer Agreement Interpretation, Contingency Fees, Special Damages, Income Loss, Registrar Review, Inherent Jurisdiction
Source Language
english
Legal Profession Contract (retainer) Personal Injury Costs Retainer Agreement Interpretation Contingency Fees Special Damages Income Loss +2 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 4 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

GREGORY L. SAMUELS

Solicitor

ELLEN STEENSLAND

Client

Procedural Posture

Legal Profession Act Application / Hearing on Notice of Motion (may 30, 2000)

Legal Issues

  1. 1 Whether the retainer entitled the solicitor to charge the agreed percentage on general and special damages including income loss
  2. 2 Whether deletion of the word 'special' in the retainer excluded special damages (medical expenses) from the percentage calculation
  3. 3 Preliminary objections on timing: failure to appeal Registrar's decision within 14 days (Rule 53(7)) and failure to seek review of account within 12 months (s.70(1) Legal Profession Act)

Ratio Decidendi

The retainer, as signed with the word 'special' crossed out, must be read to exclude out‑of‑pocket medical (special) damages incurred up to settlement from the contingency percentage, while income loss (past and future) was intended by the parties to be included in the amount subject to the percentage; the court will exercise its inherent jurisdiction to decide the issue and direct the solicitor to deliver a bill accordingly.

Court Disposition

Application granted to the extent of interpreting the retainer: special damages (medical expenses incurred up to settlement) are excluded from the contingency calculation; income loss is included; solicitor ordered to deliver bill; applicant awarded costs.

Orders

  • Solicitor to deliver a bill in accordance with the Court's interpretation of the retainer (special damages incurred up to settlement exempt from percentage; income loss included)
  • Applicant awarded Scale 3 costs