Miller v. Johnson

Miller v. Johnson

A court assessing a solicitor's account must ensure fees are reasonable regardless of retainer terms; blanket minimum billing units and separate administration/account preparation charges are unreasonable and disallowable; time attributable to training or duplicate entries must be reduced, and assessments should adjust billed amounts accordingly.

Citation
2006 NSSM 19
Parties
Claimant: Paul B. Miller, cob as Miller Campbell & Associates; Defendant: Glen Duane Johnson
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
12 September 2006
Procedural Posture
Small Claims Court Taxation/assessment of Solicitor's Accounts / Adjudicator Decision (assessment)
Outcome
Accounts allowed in reduced amounts after taxation/assessment.
Legal Topics
Reasonableness of Legal Fees, Retainer Review, Billing Practices (minimum Billing Units), Taxation/assessment of Solicitor's Account, Disbursements, HST
Source Language
English
Legal Profession Civil Procedure Contract Debt Recovery Reasonableness of Legal Fees Retainer Review Billing Practices (minimum Billing Units) Taxation/assessment of Solicitor's Account +2 more

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Parties

Paul B. Miller, cob as Miller Campbell & Associates

Claimant

Glen Duane Johnson

Defendant

Procedural Posture

Small Claims Court Taxation/assessment of Solicitor's Accounts / Adjudicator Decision (assessment)

Legal Issues

  1. 1 Whether a lawyer may impose minimum billing units (MBUs) for specific activities as a matter of reasonable billing
  2. 2 Whether a taxation/assessment can be conducted in respect of services not completed or filed
  3. 3 Whether retainer terms fixing minimum billing units are binding on a court assessing reasonableness

Ratio Decidendi

A court assessing a solicitor's account must ensure fees are reasonable regardless of retainer terms; blanket minimum billing units and separate administration/account preparation charges are unreasonable and disallowable; time attributable to training or duplicate entries must be reduced, and assessments should adjust billed amounts accordingly.

Court Disposition

Accounts allowed in reduced amounts after taxation/assessment.

Orders

  • July 3, 2004 account: fees $2,500.00; disbursements $359.80; HST $428.97.
  • August 5, 2004 account: fees $748.75; disbursements $55.10; HST $120.58.