Feth (Estate of)

Feth (Estate of)

The registrar held Dirk Law Office's accounts were reviewable under the Legal Profession Act as interim bills and, applying s.71(4) and quantum meruit principles, concluded the Dirk Law Office legal fees and certain disbursements were excessive; the registrar allowed specified disbursements, disallowed an unexplained photocopy charge, set reasonable legal fees (inclusive of taxes) and ordered Dirk Law Office to refund the overpayment, pay the beneficiaries' review costs and interest on the refunded sum.

Citation
2014 BCSC 970
Parties
Executor: Frank Schell; Beneficiary: Kevin Feth; Beneficiary: Darcy Feth; Beneficiary: Carrie Feth; Deceased: Stefan Feth; Solicitor for Executor: Dirk Law Office; Former Solicitor for Executor: Benson Law LLP
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
2 June 2014
Procedural Posture
Passing of Accounts; Legal Profession Act Review / Registrar Reference and Fee Review Decision
Outcome
Partial allowance of Dirk Law Office accounts; significant reduction of legal fees; refund and costs ordered; interest to be added to refund
Legal Topics
Executor Remuneration, Review of Solicitor's Bill, Legal Profession Act S.70/s.71 Review, Passing of Accounts, Quantum Meruit, Costs and Interest
Source Language
English
Estates and Probate Trusts Legal Professional Regulation Civil Procedure Costs and Taxation of Fees Executor Remuneration Review of Solicitor's Bill Legal Profession Act S.70/s.71 Review +3 more

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Parties

Frank Schell

Executor

Kevin Feth

Beneficiary

Darcy Feth

Beneficiary

Carrie Feth

Beneficiary

Stefan Feth

Deceased

Dirk Law Office

Solicitor for Executor

Benson Law LLP

Former Solicitor for Executor

Procedural Posture

Passing of Accounts; Legal Profession Act Review / Registrar Reference and Fee Review Decision

Legal Issues

  1. 1 Whether Dirk Law Office's accounts were reviewable under the Legal Profession Act
  2. 2 Whether Dirk Law Office's fees were reasonable and should be allowed in whole or in part (quantum meruit)
  3. 3 Whether certain disbursements should be disallowed

Ratio Decidendi

The registrar held Dirk Law Office's accounts were reviewable under the Legal Profession Act as interim bills and, applying s.71(4) and quantum meruit principles, concluded the Dirk Law Office legal fees and certain disbursements were excessive; the registrar allowed specified disbursements, disallowed an unexplained photocopy charge, set reasonable legal fees (inclusive of taxes) and ordered Dirk Law Office to refund the overpayment, pay the beneficiaries' review costs and interest on the refunded sum.

Court Disposition

Partial allowance of Dirk Law Office accounts; significant reduction of legal fees; refund and costs ordered; interest to be added to refund

Orders

  • Allow Dirk Law Office total of $20,312.34 for fees and allowed disbursements (inclusive of taxes)
  • Disallow specified Dirk Law Office charges (notably photocopy charge for 7,000 copies)