TMC Law v. Hirschbach

TMC Law v. Hirschbach

There was a written agreement to pay mediator's hourly rate; services were provided as agreed; the hours and rate were reasonable given mediator's experience and complexity of family mediation; mediators need not guarantee settlement; applying established taxation factors and Civil Procedure Rule 63.33 the fee account was reasonable and payable; judgment for claimant in amount of $1,687.76 was awarded.

Citation
2006 NSSM 16
Parties
Claimant: TMC LAW, Barristers and Solicitors; Defendant: Michael Hirschbach
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
12 July 2006
Procedural Posture
Small Claims Fee Recovery / Hearing on Merits / Decision
Outcome
Claim allowed; Defendant ordered to pay $1,687.76 to Claimant.
Legal Topics
Mediation, Legal Fees Assessment, Solicitor Client Account, Quick Judgment, Taxation of Costs
Source Language
English
Family Law Contracts Professional Negligence/fees Civil Procedure Mediation Legal Fees Assessment Solicitor Client Account Quick Judgment +1 more

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Parties

TMC LAW, Barristers and Solicitors

Claimant

Michael Hirschbach

Defendant

Procedural Posture

Small Claims Fee Recovery / Hearing on Merits / Decision

Legal Issues

  1. 1 Whether defendant is liable to pay mediation fees charged by claimant
  2. 2 Whether the mediation provided value to the client such that fees are payable despite lack of successful outcome
  3. 3 Whether the hourly rate and time charged were reasonable and enforceable under the agreement

Ratio Decidendi

There was a written agreement to pay mediator's hourly rate; services were provided as agreed; the hours and rate were reasonable given mediator's experience and complexity of family mediation; mediators need not guarantee settlement; applying established taxation factors and Civil Procedure Rule 63.33 the fee account was reasonable and payable; judgment for claimant in amount of $1,687.76 was awarded.

Court Disposition

Claim allowed; Defendant ordered to pay $1,687.76 to Claimant.

Orders

  • Defendant to pay Claimant $1,687.76 (comprising $1,569.76 in fees and $118.00 in costs).
  • Judgment entered for Claimant in the Small Claims Court of Nova Scotia dated July 12, 2006.