Ben Ingram Law Corporation v. Xu

Ben Ingram Law Corporation v. Xu

Registrar found a valid retainer was formed by provision of the Fee Information sheet and the client's instructions; most work was reasonably necessary or, when unnecessary, reasonably intended to advance the client's interests under s.71(3)(a); specific concessions and calculated deductions were applied...

Source-derived case information.

Citation
2020 BCSC 1912
Parties
Solicitor: Ben Ingram Law Corporation; Client: Wan Cheng Xu aka Wancheng Xu aka Victor Xu
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
4 December 2020
Procedural Posture
Legal Profession Act Bill Review / Registrar Review Decision
Outcome
Solicitor's accounts allowed in part with specified deductions; earlier certificate of fees upheld and balance certified.
Legal Topics
Fee Assessment, Retainer Agreement, Certificate of Fees, Costs, Appeal Strategy, Interest on Judgments
Source Language
english
Family Law Legal Profession / Professional Responsibility Civil Procedure Fee Assessment Retainer Agreement Certificate of Fees Costs Appeal Strategy +1 more

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Parties

Ben Ingram Law Corporation

Solicitor

Wan Cheng Xu aka Wancheng Xu aka Victor Xu

Client

Procedural Posture

Legal Profession Act Bill Review / Registrar Review Decision

Legal Issues

  1. 1 Whether a valid retainer existed and its terms
  2. 2 Whether fees and disbursements were reasonable and necessary under s.71 LPA
  3. 3 Whether time entries and hourly rates were excessive

Ratio Decidendi

Registrar found a valid retainer was formed by provision of the Fee Information sheet and the client's instructions; most work was reasonably necessary or, when unnecessary, reasonably intended to advance the client's interests under s.71(3)(a); specific concessions and calculated deductions were applied (unauthorized rate increase, certain time entries and conceded items) resulting in a reduced but largely upheld bill and maintenance of the earlier certified certificate of fees.

Court Disposition

Solicitor's accounts allowed in part with specified deductions; earlier certificate of fees upheld and balance certified.

Orders

  • Solicitor's appropriate fees and disbursements, inclusive of taxes, are $129,518.45.
  • The certificate of fees dated November 19, 2018 in the amount of $76,916.66 will stand.