Bull Housser & Tupper v. Yu

Bull Housser & Tupper v. Yu

No binding contingency fee agreement existed; on review under s.71(4) the solicitors' fees and disbursements were reasonable and are allowed in full except for $126.26 of disbursements that should have been borne by the defendant; no interest awarded; costs of the review fixed at $1,000 in favour of the solicitors...

Source-derived case information.

Citation
2002 BCSC 940
Parties
Solicitors: Bull Housser & Tupper; Client: Lin Hoi Yu
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
24 June 2002
Procedural Posture
Review of Lawyer's Bill Under Legal Profession Act / Registrar Review (appointment Before District Registrar)
Outcome
Application partly dismissed in form: no contingency agreement; accounts upheld largely; small deduction ordered; interest disallowed; review costs awarded to solicitors.
Legal Topics
Fee Review, Contingency Fee, Disbursements, Interest on Accounts, Costs of Review, Withdrawal of Counsel, Settlement
Source Language
english
Legal Profession Fees and Billing Contract Civil Litigation Insurance Litigation Fee Review Contingency Fee Disbursements +4 more

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Parties

Bull Housser & Tupper

Solicitors

Lin Hoi Yu

Client

Procedural Posture

Review of Lawyer's Bill Under Legal Profession Act / Registrar Review (appointment Before District Registrar)

Legal Issues

  1. 1 Whether a binding contingency fee agreement existed between solicitor and client
  2. 2 Whether the solicitors' fees and disbursements were reasonable under s.71(4) of the Legal Profession Act
  3. 3 Whether interest on overdue accounts should be allowed under s.73(3)

Ratio Decidendi

No binding contingency fee agreement existed; on review under s.71(4) the solicitors' fees and disbursements were reasonable and are allowed in full except for $126.26 of disbursements that should have been borne by the defendant; no interest awarded; costs of the review fixed at $1,000 in favour of the solicitors to be borne by the client.

Court Disposition

Application partly dismissed in form: no contingency agreement; accounts upheld largely; small deduction ordered; interest disallowed; review costs awarded to solicitors.

Orders

  • No contingency fee agreement found between the parties
  • Solicitors' fees and disbursements allowed as presented except deduction of CAD 126.26 (inclusive of GST) for disbursements that should have been paid by the defendant