Harrison Doig & Associates et al v. Mosher

Harrison Doig & Associates et al v. Mosher

The Registrar accepted the client's evidence that the file was turned over to Mr. Garcha without her consent, found no retainer between the client and Doig & Garcha, held that Doig & Garcha are not entitled to fees, and allowed limited fees to Mr. Doig and his junior for reasonable and necessary work (specific outstanding account plus an additional allowance), with the client's accounts reduced and costs awarded to the client.

Citation
2000 BCSC 1769
Parties
Solicitors: Harrison Doig & Associates AND Doig & Garcha Solicitors; Client: Donna L. Mosher also known as Donna Regan
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
7 December 2000
Procedural Posture
Bill Review / Review Hearing and Registrar's Decision
Outcome
Registrar allowed in part: no fees payable to Doig & Garcha; allowed limited fees to Mr. Doig and his junior; accounts reduced and client awarded costs.
Legal Topics
Retainer, Transfer of File, Consent to Transfer, Fees, Withdrawal for Non Payment, Reasonableness of Fees, Bill Review
Source Language
English
Legal Profession Solicitor Client Accounting Civil Procedure Costs Retainer Transfer of File Consent to Transfer Fees +3 more

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Parties

Harrison Doig & Associates AND Doig & Garcha Solicitors

Solicitors

Donna L. Mosher also known as Donna Regan

Client

Procedural Posture

Bill Review / Review Hearing and Registrar's Decision

Legal Issues

  1. 1 Whether the client's file was transferred to Doig & Garcha without the client's consent
  2. 2 Whether a binding retainer existed between the client and Doig & Garcha
  3. 3 Whether Doig & Garcha are entitled to fees

Ratio Decidendi

The Registrar accepted the client's evidence that the file was turned over to Mr. Garcha without her consent, found no retainer between the client and Doig & Garcha, held that Doig & Garcha are not entitled to fees, and allowed limited fees to Mr. Doig and his junior for reasonable and necessary work (specific outstanding account plus an additional allowance), with the client's accounts reduced and costs awarded to the client.

Court Disposition

Registrar allowed in part: no fees payable to Doig & Garcha; allowed limited fees to Mr. Doig and his junior; accounts reduced and client awarded costs.

Orders

  • No retainer found between the client and Doig & Garcha; Doig & Garcha are not entitled to fees
  • Allow $2,073.89 (outstanding March 12 account) plus $3,000 and applicable taxes for the work of Mr. Doig and Ms. Lim after March 12, 1999