Blatz v. Cosburn and Associates

Blatz v. Cosburn and Associates

Master found Cosburn unjustified in resigning the retainer and that he breached core duties by delay, failure to pursue experts, inadequate discovery practice and ineffective litigation management; however applicants implicitly accepted transfer so Cosburn was entitled to a reduced fee reflecting only time reasonably of benefit (40 hours). The billed accounts were reduced and allowed in the amount of $12,000 plus adjusted taxes; applicants awarded costs of the fee review.

Citation
2011 BCSC 670
Parties
Clients: Hartley Blatz, Karen Blatz, Clifford Norman Blatz; Solicitors: Cosburn and Associates
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
25 May 2011
Procedural Posture
Fee Review Under the Legal Profession Act / Reasons for Decision (final)
Outcome
Solicitor's accounts substantially reduced; fees allowed in amount $12,000.00 plus adjustment for taxes; applicants awarded costs of the fee review.
Legal Topics
Fee Assessment, Retainer Termination, Disclosure and Discovery Obligations, Solicitor Client Relationship, Litigation Strategy, Statutory Right of Way
Source Language
English
Legal Profession Act Fee Review Civil Litigation Property/real Property Law Administrative Law Fee Assessment Retainer Termination Disclosure and Discovery Obligations Solicitor Client Relationship +2 more

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Parties

Hartley Blatz, Karen Blatz, Clifford Norman Blatz

Clients

Cosburn and Associates

Solicitors

Procedural Posture

Fee Review Under the Legal Profession Act / Reasons for Decision (final)

Legal Issues

  1. 1 Whether solicitor had reasonable cause to terminate retainer and thus entitlement to fees
  2. 2 Whether solicitor breached duties by delay, failure to retain experts, inadequate discovery and litigation management
  3. 3 Proper quantum of fees under s.71(4) Legal Profession Act

Ratio Decidendi

Master found Cosburn unjustified in resigning the retainer and that he breached core duties by delay, failure to pursue experts, inadequate discovery practice and ineffective litigation management; however applicants implicitly accepted transfer so Cosburn was entitled to a reduced fee reflecting only time reasonably of benefit (40 hours). The billed accounts were reduced and allowed in the amount of $12,000 plus adjusted taxes; applicants awarded costs of the fee review.

Court Disposition

Solicitor's accounts substantially reduced; fees allowed in amount $12,000.00 plus adjustment for taxes; applicants awarded costs of the fee review.

Orders

  • Reduce solicitor's billed fees of $52,020.00 to $12,000.00 and adjust taxes accordingly
  • Accounts totalling $67,180.26 (including taxes and disbursements) reduced consistent with allowed fee