Kramer v. Pearce Taylor Schneiderat

Kramer v. Pearce Taylor Schneiderat

The registrar found the work performed was necessary and properly documented, the time recorded was reasonable, the hourly rate of $220 was reasonable, and the $257.99 ALS disbursement was incurred and unpaid; accordingly both accounts were allowed in full ($1,022.24 and $752.43), interest to be calculated under the Court Order Interest Act from 30 days after delivery of the bills, and costs of the review were fixed at $750 in favour of the solicitor.

Citation
2014 BCSC 1455
Parties
Client: Gabriela Kramer; Solicitor: Pearce Taylor Schneiderat
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
31 July 2014
Procedural Posture
Review of Lawyer's Bill Under the Legal Profession Act / Reasons for Decision (registrar Review)
Outcome
Accounts allowed in full; registrar to issue certificate including interest; solicitor awarded costs of the review.
Legal Topics
Fee Review, Disbursements, Interest Calculation, Costs, Lien
Source Language
English
Legal Profession Regulation Civil Procedure Personal Injury Fee Review Disbursements Interest Calculation Costs Lien

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Parties

Gabriela Kramer

Client

Pearce Taylor Schneiderat

Solicitor

Procedural Posture

Review of Lawyer's Bill Under the Legal Profession Act / Reasons for Decision (registrar Review)

Legal Issues

  1. 1 Whether billed fees and disbursements are reasonable and payable
  2. 2 Whether the ALS disbursement of $257.99 was incurred by and owed by the client
  3. 3 Whether the hourly rate charged was reasonable

Ratio Decidendi

The registrar found the work performed was necessary and properly documented, the time recorded was reasonable, the hourly rate of $220 was reasonable, and the $257.99 ALS disbursement was incurred and unpaid; accordingly both accounts were allowed in full ($1,022.24 and $752.43), interest to be calculated under the Court Order Interest Act from 30 days after delivery of the bills, and costs of the review were fixed at $750 in favour of the solicitor.

Court Disposition

Accounts allowed in full; registrar to issue certificate including interest; solicitor awarded costs of the review.

Orders

  • The two accounts are allowed in full at $1,022.24 and $752.43 respectively.
  • Interest is to be calculated from 30 days after delivery of the bills under the Court Order Interest Act; solicitor to prepare the calculations and a certificate for the registrar's signature.