Oliver & Co. v. Choi

Oliver & Co. v. Choi

District Registrar found on the evidence and conduct of parties that Catherine Choi agreed to pay the solicitors' accounts; applying s.71(4) the Registrar reduced the billed fees to a reasonable total fee of $6,500, disallowed the 5% handling fee, reduced Quicklaw disbursements to $200, awarded total allowed of...

Source-derived case information.

Citation
2002 BCSC 152
Parties
Solicitors (applicant): Oliver & Company; Client (respondent): Catherine Choi
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
31 January 2002
Procedural Posture
Review of Lawyer's Bill Under the Legal Profession Act / District Registrar Review Hearing
Outcome
Review allowed in part. Client held liable for reduced fees; no costs awarded; stay on collection granted for 90 days to permit further application.
Legal Topics
Retainer Determination, Fees Review, Disbursements, Costs Allocation, Setoff of Trust Funds, Stay on Collection, Installment Payment Orders
Source Language
english
Legal Profession Contract Criminal Law Procedural Law Retainer Determination Fees Review Disbursements Costs Allocation +3 more

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Parties

Oliver & Company

Solicitors (applicant)

Catherine Choi

Client (respondent)

Procedural Posture

Review of Lawyer's Bill Under the Legal Profession Act / District Registrar Review Hearing

Legal Issues

  1. 1 Whether Catherine Choi agreed to retain and pay solicitors for work on behalf of her son
  2. 2 Whether the fees and disbursements charged were reasonable under s.71(4) of the Legal Profession Act
  3. 3 Whether handling fee and Quicklaw charges were appropriate disbursements

Ratio Decidendi

District Registrar found on the evidence and conduct of parties that Catherine Choi agreed to pay the solicitors' accounts; applying s.71(4) the Registrar reduced the billed fees to a reasonable total fee of $6,500, disallowed the 5% handling fee, reduced Quicklaw disbursements to $200, awarded total allowed of $7,880.46, set off trust/retainers of $4,288.64 and directed a certificate for $3,591.82; no costs awarded and collection stayed for 90 days to permit a s.73 application.

Court Disposition

Review allowed in part. Client held liable for reduced fees; no costs awarded; stay on collection granted for 90 days to permit further application.

Orders

  • Found Catherine Choi agreed to pay solicitors' accounts for work on behalf of her son
  • Allowed fee for services: $6,500.00