Michael Blaxland Personal Law Corp. v. Smith

Michael Blaxland Personal Law Corp. v. Smith

The May 4, 1999 communication constituted the opinion required by the retainer that just cause would not be proven; the solicitor breached the retainer by failing to offer the 33% contingency fee option and therefore was entitled to no fees, but could recover disbursements as customarily payable under contingency...

Source-derived case information.

Citation
2000 BCSC 782
Parties
Solicitor: Michael Blaxland Personal Law Corporation; Client: Nigel Smith
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
15 May 2000
Procedural Posture
Civil Wrongful Dismissal / Reasons for Decision Following Hearing (master as Registrar)
Outcome
Solicitor breached the retainer; solicitor awarded no fees; disbursements allowed; sums paid on account of fees to be returned to the client.
Legal Topics
Contingency Fee, Retainer Agreement, Breach of Contract, Disbursements, Solicitor Client Relationship
Source Language
english
Employment Law Contract Law Legal Ethics Civil Procedure Contingency Fee Retainer Agreement Breach of Contract Disbursements +1 more

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Parties

Michael Blaxland Personal Law Corporation

Solicitor

Nigel Smith

Client

Procedural Posture

Civil Wrongful Dismissal / Reasons for Decision Following Hearing (master as Registrar)

Legal Issues

  1. 1 Whether the solicitor's May 4, 1999 letter constituted the opinion required by the retainer to trigger a 33% contingency fee option
  2. 2 Whether the solicitor breached the retainer by failing to offer the 33% contingency arrangement when the required opinion was given
  3. 3 Entitlement to fees and disbursements when a retainer condition is breached

Ratio Decidendi

The May 4, 1999 communication constituted the opinion required by the retainer that just cause would not be proven; the solicitor breached the retainer by failing to offer the 33% contingency fee option and therefore was entitled to no fees, but could recover disbursements as customarily payable under contingency agreements.

Court Disposition

Solicitor breached the retainer; solicitor awarded no fees; disbursements allowed; sums paid on account of fees to be returned to the client.

Orders

  • No fee award to the solicitor
  • Disbursements claimed by the solicitor are allowed