Paradis v. Bossé

Paradis v. Bossé

Because there was no tariff applicable between attorney and client in the Exchequer Court or the Supreme Court, the respondent was entitled to recover on a quantum meruit and to prove the value of his services by oral evidence; the courts below properly assessed and awarded the amount.

Source-derived case information.

Citation
(1892) 21 SCR 419
Parties
Appellant (defendant): Telesphore Paradis; Respondent (plaintiff): The Hon. J. G. Bosse
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
10 October 1892
Procedural Posture
Civil Appeal (costs/solicitor and Client) / Appeal to Supreme Court of Canada From Court of Queen's Bench for Lower Canada (appeal Side)
Outcome
Appeal dismissed with costs
Legal Topics
Attorney's Fees, Tariff of Fees, Quantum Meruit, Parol Evidence, Appeal Review
Source Language
english
Civil Procedure Solicitor and Client Costs Evidence Attorney's Fees Tariff of Fees Quantum Meruit Parol Evidence +1 more

Source-derived case record

Summary, issues, holding and outcome

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Parties

Telesphore Paradis

Appellant (defendant)

The Hon. J. G. Bosse

Respondent (plaintiff)

Procedural Posture

Civil Appeal (costs/solicitor and Client) / Appeal to Supreme Court of Canada From Court of Queen's Bench for Lower Canada (appeal Side)

Legal Issues

  1. 1 Whether an attorney may recover more than the statutory or court tariff from his client absent a written agreement
  2. 2 Whether an attorney may prove quantum meruit by oral evidence in proceedings before the Exchequer Court and the Supreme Court where no tariff applies between attorney and client
  3. 3 Whether the tariff of fees applies as between attorney and client or only party and party

Ratio Decidendi

Because there was no tariff applicable between attorney and client in the Exchequer Court or the Supreme Court, the respondent was entitled to recover on a quantum meruit and to prove the value of his services by oral evidence; the courts below properly assessed and awarded the amount.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed with costs