Watson et al v. Lopushinsky

Watson et al v. Lopushinsky

Master McCallum found the time records accurate and time reasonably spent, hourly rates were reasonable, the firm was not in a joint venture nor obliged to obtain funds for the client, and applying s.79 factors the accounts were allowed and certified: fees and disbursements $28,325.85, interest $2,608.17 (as at Dec...

Source-derived case information.

Citation
2000 BCSC 156
Parties
Solicitors: Watson Goepel Maledy; Client: Richard Allan Lopushinsky
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
21 January 2000
Procedural Posture
Review of Accounts Under Legal Profession Act / Appointment Hearing Before Master (reasons for Decision)
Outcome
Accounts allowed and certified in favour of the firm
Legal Topics
Fee Review, Quantum Meruit, Retainer Agreement, Solicitor Client Obligations, Interest on Judgment, Costs Assessment
Source Language
english
Legal Profession Estate Litigation Contract Civil Procedure Costs and Interest Fee Review Quantum Meruit Retainer Agreement +3 more

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Parties

Watson Goepel Maledy

Solicitors

Richard Allan Lopushinsky

Client

Procedural Posture

Review of Accounts Under Legal Profession Act / Appointment Hearing Before Master (reasons for Decision)

Legal Issues

  1. 1 Whether the firm's fees were reasonable and should be allowed
  2. 2 Whether the firm was obligated to take independent steps to recover funds for the client (alleged joint venture)
  3. 3 Whether hourly rates and time recorded were reasonable

Ratio Decidendi

Master McCallum found the time records accurate and time reasonably spent, hourly rates were reasonable, the firm was not in a joint venture nor obliged to obtain funds for the client, and applying s.79 factors the accounts were allowed and certified: fees and disbursements $28,325.85, interest $2,608.17 (as at Dec 3, 1999) and costs of the review $5,350 on Scale 3.

Court Disposition

Accounts allowed and certified in favour of the firm

Orders

  • Fees and disbursements certified in the amount of $28,325.85
  • Interest awarded in the amount of $2,608.17 as at December 3, 1999, to accrue at the rate provided by the Court Order Interest Act