Davis & Co. v. Jiwan

Davis & Co. v. Jiwan

Registrar Sainty's factual findings were not palpably wrong and her legal conclusions were correct: Davis & Co. validly withdrew due to a reasonable belief that clients alleged negligence and gave reasonable notice; no evidence of intent to deceive so unclean hands did not bar recovery; the $229,000 memo was a...

Source-derived case information.

Citation
2007 BCSC 1775
Parties
Solicitors: Davis & Company, a partnership; Client: Aly F. Jiwan; Clients: Abdul F. Jiwan and FRJ Enterprises Inc.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
7 December 2007
Procedural Posture
Appeal From Registrar's Taxation of Solicitor's Accounts / Appeal to Supreme Court of British Columbia, Reasons for Judgment
Outcome
Appeal dismissed
Legal Topics
Quantum Meruit, Unclean Hands, Retainer Termination, Fee Estimate, Taxation of Accounts, Substitution of Accounts, Expert Evidence, Notice of Withdrawal
Source Language
english
Legal Profession Civil Litigation Costs and Fees Contract Law Equity Quantum Meruit Unclean Hands Retainer Termination +5 more

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Parties

Davis & Company, a partnership

Solicitors

Aly F. Jiwan

Client

Abdul F. Jiwan and FRJ Enterprises Inc.

Clients

Procedural Posture

Appeal From Registrar's Taxation of Solicitor's Accounts / Appeal to Supreme Court of British Columbia, Reasons for Judgment

Legal Issues

  1. 1 Whether Davis & Co. had cause to withdraw and whether reasonable notice was given
  2. 2 Whether the registrar erred in finding no unclean hands from XLS charges and in characterizing quantum meruit
  3. 3 Scope and effect of the $229,000 fee estimate and whether it bound the firm

Ratio Decidendi

Registrar Sainty's factual findings were not palpably wrong and her legal conclusions were correct: Davis & Co. validly withdrew due to a reasonable belief that clients alleged negligence and gave reasonable notice; no evidence of intent to deceive so unclean hands did not bar recovery; the $229,000 memo was a limited estimate for client-initiated steps and not an omnibus cap; registrar acted within discretion in rejecting weight of expert report and in permitting substitution of original accounts; therefore the taxation result (fees allowed $700,000 against billed ~ $1,000,000) is affirmed and the appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Registrar Sainty's taxation decision affirmed (fees allowed $700,000 against billed approximately $1,000,000)