Niemela v. Protect Our Children Group Society

Niemela v. Protect Our Children Group Society

P.O.C., through its coordinator with apparent authority, accepted responsibility to assist in payment and is bound to pay the solicitor's accounts; the accounts are largely appropriate but specific disbursements must be reduced (photocopying and secretarial overtime) and the solicitor is entitled to costs for four...

Source-derived case information.

Citation
2009 BCSC 1231
Parties
Solicitor: Glenn J. Niemela; Third Party Funder: Protect Our Children Group Society; Client: Zabeth Yolanda Bayne
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
9 September 2009
Procedural Posture
Assessment of Solicitor's Accounts Under the Legal Profession Act / Assessment Hearing / Reasons for Decision
Outcome
Assessment allowed in favor of the solicitor: P.O.C. liable to pay assessed accounts subject to specified reductions; solicitor awarded costs for four days of hearings.
Legal Topics
Fee Assessment, Retainer, Third Party Payment, Costs, Disbursements
Source Language
english
Legal Profession Family Law Civil Procedure Fee Assessment Retainer Third Party Payment Costs Disbursements

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Parties

Glenn J. Niemela

Solicitor

Protect Our Children Group Society

Third Party Funder

Zabeth Yolanda Bayne

Client

Procedural Posture

Assessment of Solicitor's Accounts Under the Legal Profession Act / Assessment Hearing / Reasons for Decision

Legal Issues

  1. 1 Whether Protect Our Children Group Society (P.O.C.) was bound to pay Niemela's legal bills
  2. 2 Whether the solicitor's accounts were reasonable and recoverable in full
  3. 3 Which disbursements and charges should be allowed or reduced

Ratio Decidendi

P.O.C., through its coordinator with apparent authority, accepted responsibility to assist in payment and is bound to pay the solicitor's accounts; the accounts are largely appropriate but specific disbursements must be reduced (photocopying and secretarial overtime) and the solicitor is entitled to costs for four days of hearings.

Court Disposition

Assessment allowed in favor of the solicitor: P.O.C. liable to pay assessed accounts subject to specified reductions; solicitor awarded costs for four days of hearings.

Orders

  • Protect Our Children Group Society is bound to pay Glenn J. Niemela's assessed accounts as found by the Master
  • Photocopy charge in the 9 June 2008 bill is reduced by one-half to $240.75