Bull Housser & Tupper v. Yu
- Citation
- 2002 BCSC 1678
- Status
- Judgment
- Jurisdiction
- Canada
- Court
- Supreme Court of British Columbia
- Decision
- 5 December 2002
- Posture
- Legal Profession Act Proceeding / Addendum to Reasons for Decision (correction of Clerical/arithmetic Errors)
- Language
- English
More details
- Court
- Supreme Court of British Columbia
- Decision
- 5 December 2002
- Posture
- Legal Profession Act Proceeding / Addendum to Reasons for Decision (correction of Clerical/arithmetic Errors)
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The small arithmetic errors in the solicitors' accounts were clerical and insubstantial; correcting the stated totals does not affect the Reasons for Decision or the Certificate of Fees.
Court disposition
Arithmetical corrections made by way of addendum; decision and Certificate of Fees remain unaffected.
Orders
- Subtotal for dates 02/17/98-01/28/99 corrected to $4,193.91.
- Amount previously given as $4,816.55 corrected to $4,817.54.
- Total paid previously given as $40,089.03 corrected to $40,090.02.
- Final total previously given as $203,976.14 corrected to $203,977.13.
- Registrar's Certificate of Fees and the decision are unaffected by these corrections.
02
Material facts
Parties
Bull Housser & Tupper
Solicitors Counsel: W.M. Burris; C. CiarnielloLin Hoi Yu
Client Counsel: L.H. Yu (self-represented)Amounts and remedies
- Subtotal (02/17/98 01/28/99): CAD 4,193.91
- Corrected Subtotal/line Amount: CAD 4,817.54
- Total Paid (corrected): CAD 40,090.02
- Final Total (corrected): CAD 203,977.13
03
Procedural history
Posture
Legal Profession Act Proceeding / Addendum to Reasons for Decision (correction of Clerical/arithmetic Errors)
04
Questions and positions
Legal issues
- 01
Whether arithmetic errors in solicitors' accounts vitiate the decision or Certificate of Fees
- 02
Whether post-decision correction of clerical errors is permissible and material
Party arguments
- Applicant
- Solicitors provided corrected numerical totals and submitted that the discrepancies were minor arithmetic errors.
- Respondent
- No substantive opposition recorded; client did not dispute that the small corrections did not affect the decision.
05
Court’s reasoning
Legal principles
- 01
District Registrar K. Sainty, Addendum (2002)
Minor arithmetic or clerical errors may be corrected without affecting the substance of a decision when the corrections are insubstantial.
- 02
Supreme Court correction practice / procedural rules
Court/registrar may correct clerical errors post-decision to reflect accurate figures.
06
Ratio, limits and disposition
Ratio decidendi
The small arithmetic errors in the solicitors' accounts were clerical and insubstantial; correcting the stated totals does not affect the Reasons for Decision or the Certificate of Fees.
Court disposition
Arithmetical corrections made by way of addendum; decision and Certificate of Fees remain unaffected.
- Subtotal for dates 02/17/98-01/28/99 corrected to $4,193.91.
- Amount previously given as $4,816.55 corrected to $4,817.54.
- Total paid previously given as $40,089.03 corrected to $40,090.02.
- Final total previously given as $203,976.14 corrected to $203,977.13.
- Registrar's Certificate of Fees and the decision are unaffected by these corrections.
Source and reliance status
Supreme Court of British Columbia · 5 December 2002
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Supreme Court of British Columbia
Judgment· 5 December 2002
2002BCSC1678 Citation: Bull Housser & Tupper v. Yu Date: 20021205 2002 BCSC 1678 Docket: L021696 Registry: Vancouver
IN THE SUPREME COURT OF BRITISH COLUMBIA RE: THE LEGAL PROFESSION ACT BETWEEN: bull housser & tupper solicitors AND: lin hoi yu client addendum TO REASONS FOR decision OF district registrar sainty Counsel for the Solicitors: W.M. Burris C. Ciarniello Appearing in Person: L.H. Yu Date and Place of Hearing/Trial: June 11, 2002 Vancouver, BC This Addendum is in regards to my Reasons for Decision dated June 24, 2002. [1] In respect of the accounts rendered by the solicitors, the table set out in paragraph one of my decision contains numbers that were provided by the solicitors. There is a small mathematical error in such numbers. Specifically: (a) the subtotal for the dates 02/17/98-01/28/99 should be $4,193.91 and the total given as $4,816.55 should be $4,817.54; (b) the total paid, which is given as $40,089.03 should be $40,090.02; (c) the final total given as $203,976.14 should be $203,977.13. [2] The small error in these numbers does not affect my decision or the Certificate of Fees which I issued in this matter on July 2, 2002. "District Registrar K. Sainty"
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