Burchell MacDougall v. Colley

Burchell MacDougall v. Colley

Defendant personally requested and benefited from the preparatory legal work and is therefore liable for reasonable fees; contingency on financing and non-receipt of the bill do not negate liability; under Limitation of Actions Act s.23 the claim, commenced July 2015, was within the applicable limitation period and not statute-barred.

Citation
2015 NSSM 58
Parties
Claimant: BURCHELL MacDOUGALL; Defendant: DENNIS JOHN COFFEY
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
22 September 2015
Procedural Posture
Small Claims Court / Decision
Outcome
Claimant awarded judgment
Legal Topics
Billing Dispute, Liability for Legal Fees, Statute Barred/limitation, Transitional Provisions
Source Language
English
Contract Law Limitation Periods Legal Professional Services Billing Dispute Liability for Legal Fees Statute Barred/limitation Transitional Provisions

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Parties

BURCHELL MacDOUGALL

Claimant

DENNIS JOHN COFFEY

Defendant

Procedural Posture

Small Claims Court / Decision

Legal Issues

  1. 1 Whether defendant is personally liable for legal fees for preparing purchase agreement
  2. 2 Whether contingency on financing negates liability to pay for preparatory legal work
  3. 3 Whether lack of prior discussion of fees or failure to receive bill defeats liability

Ratio Decidendi

Defendant personally requested and benefited from the preparatory legal work and is therefore liable for reasonable fees; contingency on financing and non-receipt of the bill do not negate liability; under Limitation of Actions Act s.23 the claim, commenced July 2015, was within the applicable limitation period and not statute-barred.

Court Disposition

Claimant awarded judgment

Orders

  • Judgment for Claimant in the amount of $713.00 for legal services and costs of $185.95, total $898.95.