Gray v. Meagher

Gray v. Meagher

The adjudicator held that the solicitor failed to discharge the onus to establish the reasonableness of his account beyond the $9,000 retainer; the claim on the account was dismissed and the solicitor was ordered to repay $2,000 of monies previously paid, plus costs.

Citation
2013 NSSM 44
Parties
Claimant/respondent: David Gray; Defendant/applicant: R. A. Meagher
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
3 December 2013
Procedural Posture
Small Claims Taxation of Legal Account / Adjudication/decision
Outcome
Solicitor's claim dismissed; partial refund ordered to client
Legal Topics
Solicitor's Fees, Reasonableness of Account, Retainer, Assessment/taxation of Fees, Costs
Source Language
English
Legal Profession Family Law Civil Procedure Solicitor's Fees Reasonableness of Account Retainer Assessment/taxation of Fees Costs

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Parties

David Gray

Claimant/respondent

R. A. Meagher

Defendant/applicant

Procedural Posture

Small Claims Taxation of Legal Account / Adjudication/decision

Legal Issues

  1. 1 Whether the solicitor's account was reasonable and recoverable
  2. 2 Whether the solicitor discharged the onus to establish reasonableness of the account
  3. 3 Whether sums paid by the client in excess of $9,000 must be returned

Ratio Decidendi

The adjudicator held that the solicitor failed to discharge the onus to establish the reasonableness of his account beyond the $9,000 retainer; the claim on the account was dismissed and the solicitor was ordered to repay $2,000 of monies previously paid, plus costs.

Court Disposition

Solicitor's claim dismissed; partial refund ordered to client

Orders

  • Claim on account dismissed
  • R. A. Meagher ordered to pay David Gray $2,000.00 plus costs