Fraser and Company v. Myron Kuzych

Fraser and Company v. Myron Kuzych

Registrar found the solicitors agreed to carry the client's account until conclusion by settlement or trial, their demand for payment/security and withdrawal amounted to unjustified termination of the retainer, and therefore they were not entitled to fees after March 1997; additionally services were of questionable value so no further fees awarded.

Citation
2000 BCSC 1302
Parties
Solicitors: Fraser and Company; Client: Myron Kuzych
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
31 August 2000
Procedural Posture
Fee Review (solicitor's Account Review) / Registrar Hearing / Reasons for Decision
Outcome
Solicitors awarded no further fees after March 1997; client awarded costs of the review.
Legal Topics
Fee Dispute, Retainer Agreement, Termination of Retainer, Client Instructions, Oppressive Conduct, Shareholder Buyout, Litigation Delay, Quantum Meruit
Source Language
English
Legal Costs and Accounts Solicitor Client Relationship Contract Shareholder Litigation Civil Procedure Fee Dispute Retainer Agreement Termination of Retainer +5 more

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Parties

Fraser and Company

Solicitors

Myron Kuzych

Client

Procedural Posture

Fee Review (solicitor's Account Review) / Registrar Hearing / Reasons for Decision

Legal Issues

  1. 1 Whether solicitors were entitled to fees after agreeing to 'carry' client's account
  2. 2 Whether the agreement to carry fees constituted consideration and the terms that triggered payment
  3. 3 Whether solicitors unjustifiably terminated retainer by demanding payment/security and ceasing to act

Ratio Decidendi

Registrar found the solicitors agreed to carry the client's account until conclusion by settlement or trial, their demand for payment/security and withdrawal amounted to unjustified termination of the retainer, and therefore they were not entitled to fees after March 1997; additionally services were of questionable value so no further fees awarded.

Court Disposition

Solicitors awarded no further fees after March 1997; client awarded costs of the review.

Orders

  • No further fees payable to Fraser and Company arising after March 1997
  • Fraser and Company entitled to nothing further on the accounts reviewed