Boyne Clarke v. Gosbee

Boyne Clarke v. Gosbee

The adjudicator found the defendant was told the meeting would cost about $200 which he paid and expressly instructed no further work; therefore it was not reasonable or lawful to charge more than $200, disallowing charges for the confirming letter, the administration fee and associated HST, and dismissing the claimant's claim for the remaining balance.

Citation
2002 NSSM 4
Parties
Claimant: Boyne Clarke; Defendant: Edward Gosbee
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
31 January 2002
Procedural Posture
Small Claims Court Solicitor's Account / Decision (adjudication)
Outcome
Claim dismissed
Legal Topics
Solicitor's Fees, Taxation of Accounts, Estimates and Retainer, Disbursements, HST on Legal Fees
Source Language
English
Legal Profession Civil Procedure Contract Solicitor's Fees Taxation of Accounts Estimates and Retainer Disbursements HST on Legal Fees

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Parties

Boyne Clarke

Claimant

Edward Gosbee

Defendant

Procedural Posture

Small Claims Court Solicitor's Account / Decision (adjudication)

Legal Issues

  1. 1 Whether the solicitor's account was reasonable and lawful under s.41 BSA
  2. 2 Whether the defendant agreed to or was informed of charges exceeding $200
  3. 3 Whether a confirming letter may be charged where client expressly refused further work

Ratio Decidendi

The adjudicator found the defendant was told the meeting would cost about $200 which he paid and expressly instructed no further work; therefore it was not reasonable or lawful to charge more than $200, disallowing charges for the confirming letter, the administration fee and associated HST, and dismissing the claimant's claim for the remaining balance.

Court Disposition

Claim dismissed

Orders

  • Claim dismissed.
  • No further amount payable by the Defendant; the $200 paid is deemed full payment for the services rendered.