Merle Campbell Law Offices v. Pattinier

Merle Campbell Law Offices v. Pattinier

Master Groves found the parties' relationship was understood as time-based billing, the solicitor failed to give adequate notice of any success/bonus fee, many time entries were unreliable and inflated, and after applying s.71(4) factors the court fixed reasonable compensation for legal fees at $135,000 (600 hours at $150 per hour adjusted upward for complexity and result); solicitor not entitled to an unagreed bonus.

Citation
2002 BCSC 978
Parties
Solicitors: Merle Campbell Law Offices; Client: Dominique A. Pattinier
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
28 June 2002
Procedural Posture
Solicitor's Bill Review / Reasons for Judgment Following Hearing
Outcome
Solicitor's account reviewed and assessed; reasonable fees fixed at $135,000
Legal Topics
Fee Dispute, Mareva Injunction, Quantum Meruit, Retainer, Billing Practices, Disbursements, Expert Evidence
Source Language
English
Family Law Professional Regulation Civil Procedure Fee Dispute Mareva Injunction Quantum Meruit Retainer Billing Practices +2 more

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Parties

Merle Campbell Law Offices

Solicitors

Dominique A. Pattinier

Client

Procedural Posture

Solicitor's Bill Review / Reasons for Judgment Following Hearing

Legal Issues

  1. 1 existence and terms of the retainer
  2. 2 entitlement to bonus/success fee
  3. 3 accuracy and propriety of time records and hours billed

Ratio Decidendi

Master Groves found the parties' relationship was understood as time-based billing, the solicitor failed to give adequate notice of any success/bonus fee, many time entries were unreliable and inflated, and after applying s.71(4) factors the court fixed reasonable compensation for legal fees at $135,000 (600 hours at $150 per hour adjusted upward for complexity and result); solicitor not entitled to an unagreed bonus.

Court Disposition

Solicitor's account reviewed and assessed; reasonable fees fixed at $135,000

Orders

  • Account assessed and reasonable legal fees fixed at $135,000
  • Parties to confer and advise registrar on costs and on formalization of the assessment certificate if they cannot agree