Gregory N. Harney Law Corporation v. English

Gregory N. Harney Law Corporation v. English

In the absence of an express fee agreement the registrar applies s.71(4) factors and quantum meruit to fix a fair fee: accepted that experienced counsel provided valuable, time‑consuming services that averted an immediate sale and pursued refinancing; accepted notional hourly rates but discounted and fixed fees by reference to results, proportionality and reasonableness; allowed $200,000 for Harney (Mission Creek) and $25,000 for Waller (B.C. Hydro) plus approved disbursements and HST; disallowed fees for unrelated matters for lack of evidence.

Citation
2012 BCSC 948
Parties
Solicitor: Gregory N. Harney Law Corporation d.b.a. Shields Harney and Gregory N. Harney; Client: Angleland Holdings Inc.; Client: Nederland Holdings Inc.; Client: John English; Client: Paradise Beach Resorts Inc.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
27 June 2012
Procedural Posture
Assessment of Solicitor's Account Under the Legal Profession Act / Assessment Hearing Before Master (sitting as Registrar)
Outcome
Solicitor's bill partially allowed on quantum meruit: account allowed in part for Mission Creek and B.C. Hydro matters; claims for other matters dismissed for lack of evidence.
Legal Topics
Quantum Meruit, Fee Assessment, Retainer Terms, Disbursements, S.71(4) Factors, Client Communications
Source Language
English
Legal Profession Solicitor's Fees Civil Litigation Property/foreclosure Quantum Meruit Fee Assessment Retainer Terms Disbursements +2 more

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Parties

Gregory N. Harney Law Corporation d.b.a. Shields Harney and Gregory N. Harney

Solicitor

Angleland Holdings Inc.

Client

Nederland Holdings Inc.

Client

John English

Client

Paradise Beach Resorts Inc.

Client

Procedural Posture

Assessment of Solicitor's Account Under the Legal Profession Act / Assessment Hearing Before Master (sitting as Registrar)

Legal Issues

  1. 1 Whether solicitor was entitled to fees absent an express fee agreement
  2. 2 Quantum meruit valuation of fees for Mission Creek and B.C. Hydro matters
  3. 3 Whether fees for unrelated matters (Small Claims, income tax, family) should be allowed

Ratio Decidendi

In the absence of an express fee agreement the registrar applies s.71(4) factors and quantum meruit to fix a fair fee: accepted that experienced counsel provided valuable, time‑consuming services that averted an immediate sale and pursued refinancing; accepted notional hourly rates but discounted and fixed fees by reference to results, proportionality and reasonableness; allowed $200,000 for Harney (Mission Creek) and $25,000 for Waller (B.C. Hydro) plus approved disbursements and HST; disallowed fees for unrelated matters for lack of evidence.

Court Disposition

Solicitor's bill partially allowed on quantum meruit: account allowed in part for Mission Creek and B.C. Hydro matters; claims for other matters dismissed for lack of evidence.

Orders

  • Allow account for Mission Creek matter as against John English, Angleland Holdings Inc. and Nederland Holdings Inc. in the amount of 228151.36 CAD inclusive of HST, disbursements and previous balance of 840.45 CAD
  • Allow account for B.C. Hydro matter as against Angleland Holdings Inc. in the amount of 28039.74 CAD inclusive of HST and disbursements