Klein Lyons v. Aduna

Klein Lyons v. Aduna

Registrar cancelled the CFA previously and, applying s.71 factors, held that on quantum meruit the Final Bill is reasonable: disbursements fully allowed ($26,118.48), fees allowed at $60,000, taxes applied, total bill allowed $93,318.48; no special costs awarded and each party bears their own costs of the review.

Citation
2013 BCSC 1931
Parties
Solicitors: Klein Lyons; Client: Tito C. Aduna
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
23 October 2013
Procedural Posture
Bill Review and Quantum Meruit Assessment / Review Hearing Before Registrar; Reasons Issued
Outcome
Final Bill allowed on quantum meruit: fees $60,000; disbursements $26,118.48; taxes applied; total $93,318.48. Each party to bear their own costs of this review.
Legal Topics
Quantum Meruit, Fee Agreement Review, Contingency Fee, Disbursements, Costs Assessment, Legal Ethics
Source Language
English
Legal Profession Civil Procedure Personal Injury Costs and Fees Contract Law Quantum Meruit Fee Agreement Review Contingency Fee +3 more

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Parties

Klein Lyons

Solicitors

Tito C. Aduna

Client

Procedural Posture

Bill Review and Quantum Meruit Assessment / Review Hearing Before Registrar; Reasons Issued

Legal Issues

  1. 1 Validity and review of contingency fee agreement (s.68)
  2. 2 Quantum meruit assessment of solicitor's fees (s.71)
  3. 3 Reasonableness and necessity of disbursements

Ratio Decidendi

Registrar cancelled the CFA previously and, applying s.71 factors, held that on quantum meruit the Final Bill is reasonable: disbursements fully allowed ($26,118.48), fees allowed at $60,000, taxes applied, total bill allowed $93,318.48; no special costs awarded and each party bears their own costs of the review.

Court Disposition

Final Bill allowed on quantum meruit: fees $60,000; disbursements $26,118.48; taxes applied; total $93,318.48. Each party to bear their own costs of this review.

Orders

  • Final bill allowed in the amount of $93,318.48 (fees $60,000; disbursements $26,118.48; taxes included)
  • Each party to bear their own costs of the review proceeding