Boyne Clarke v. MacLean

Boyne Clarke v. MacLean

The account was taxed down to a reasonable fee of $3,000 plus HST; claimed disbursements were disallowed for lack of evidence; prior payments of $970 must be credited against the reasonable fee; therefore the defendant owes the balance of $2,030 plus HST $304.50 (total $2,334.50) plus $75 court costs.

Citation
2002 NSSM 6
Parties
Claimant: Boyne Clarke; Defendant: Brian MacLean
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
30 December 2002
Procedural Posture
Small Claims Court Taxation of a Lawyer's Account / Assessment / Decision on Taxation of Account
Outcome
Claim allowed in part
Legal Topics
Reasonableness of Legal Fees, Billing Practices, Credits for Prior Payments, Setting Aside Default Judgment, Appeal
Source Language
English
Civil Legal Profession Debt Recovery Foreclosure Taxation of Costs Reasonableness of Legal Fees Billing Practices Credits for Prior Payments +2 more

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Parties

Boyne Clarke

Claimant

Brian MacLean

Defendant

Procedural Posture

Small Claims Court Taxation of a Lawyer's Account / Assessment / Decision on Taxation of Account

Legal Issues

  1. 1 Whether the fees charged were reasonable
  2. 2 Whether prior payments should be credited against the claimed amount
  3. 3 Whether the claimed disbursements were supported

Ratio Decidendi

The account was taxed down to a reasonable fee of $3,000 plus HST; claimed disbursements were disallowed for lack of evidence; prior payments of $970 must be credited against the reasonable fee; therefore the defendant owes the balance of $2,030 plus HST $304.50 (total $2,334.50) plus $75 court costs.

Court Disposition

Claim allowed in part

Orders

  • Judgment for Claimant against Defendant in the sum of $2,334.50 (fees and HST)
  • Defendant to pay $75 in Court costs