Mor-Town Developments Ltd. v. MacDonald

Mor-Town Developments Ltd. v. MacDonald

The adjudicator found the solicitor failed to keep the client adequately informed, many time entries and items were excessive or clerical and should have been performed by staff, and the solicitor did not meet the onus to justify the full billed amounts; the accounts were reduced by itemized allowances to a total fee of $26,800.00, disbursements and HST were allowed resulting in a certified account of $32,266.40, the expert's fee was disallowed, and the respondent was ordered to pay the applicant the refund and costs ordered ($28,230.12 plus taxation-notice costs).

Citation
2010 NSSM 64
Parties
Applicant: MOR-TOWN DEVELOPMENTS LIMITED; Respondent: DAVID MACDONALD
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
31 August 2010
Procedural Posture
Taxation (solicitor's Account) / Decision
Outcome
Solicitor's accounts taxed and certified; reductions ordered; refund and notice costs awarded to applicant.
Legal Topics
Reasonableness of Legal Fees, Duty to Inform Client of Fees, Admissibility of Expert Reports in Small Claims, Effect of Payment on Right to Tax a Bill, Assessment of Disbursements and HST, Award of Costs for Taxation Notice
Source Language
English
Solicitor's Account Taxation Property Law Corporate Law Costs and Disbursements Small Claims Procedure Reasonableness of Legal Fees Duty to Inform Client of Fees Admissibility of Expert Reports in Small Claims +3 more

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Parties

MOR-TOWN DEVELOPMENTS LIMITED

Applicant

DAVID MACDONALD

Respondent

Procedural Posture

Taxation (solicitor's Account) / Decision

Legal Issues

  1. 1 Whether the solicitor's bills were reasonable and lawful
  2. 2 Whether payment of an account bars taxation
  3. 3 Whether an expert solicitor's report should be admitted/paid in Small Claims taxation

Ratio Decidendi

The adjudicator found the solicitor failed to keep the client adequately informed, many time entries and items were excessive or clerical and should have been performed by staff, and the solicitor did not meet the onus to justify the full billed amounts; the accounts were reduced by itemized allowances to a total fee of $26,800.00, disbursements and HST were allowed resulting in a certified account of $32,266.40, the expert's fee was disallowed, and the respondent was ordered to pay the applicant the refund and costs ordered ($28,230.12 plus taxation-notice costs).

Court Disposition

Solicitor's accounts taxed and certified; reductions ordered; refund and notice costs awarded to applicant.

Orders

  • Account taxed and certified in the amount of $32,266.40.
  • Respondent David MacDonald is ordered to pay $28,230.12 to Mor-Town Developments Limited forthwith.