Fritz Lail Shirreff & Vickers v. Canadian Ramgarhia Society

Fritz Lail Shirreff & Vickers v. Canadian Ramgarhia Society

On the balance of probabilities the solicitors proved they were retained by the Canadian Ramgarhia Society through the ostensible authority of its president, Jaswant Saggu, and also proved they acted for Mr. Saggu personally; therefore the Society and Mr. Saggu are jointly and severally liable for the account, and...

Source-derived case information.

Citation
2002 BCSC 829
Parties
Solicitor: Fritz Lail Shirreff & Vickers; Client: Canadian Ramgarhia Society; Client: Jaswant Saggu
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
3 June 2002
Procedural Posture
Review of Lawyer's Bill Under the Legal Profession Act / Registrar Review Decision (district Registrar)
Outcome
Registrar certified the account; Canadian Ramgarhia Society and Jaswant Saggu jointly and severally liable to pay the account; interest to be added at Court Order Interest Act rate; costs of review awarded to solicitors in the sum of $750 and solicitors may prepare certificate with interest calculation for signature.
Legal Topics
Retainer, Ostensible Authority, Burden of Proof, Costs, Interest
Source Language
english
Legal Profession Agency Civil Procedure Equity Retainer Ostensible Authority Burden of Proof Costs +1 more

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Parties

Fritz Lail Shirreff & Vickers

Solicitor

Canadian Ramgarhia Society

Client

Jaswant Saggu

Client

Procedural Posture

Review of Lawyer's Bill Under the Legal Profession Act / Registrar Review Decision (district Registrar)

Legal Issues

  1. 1 Did the Canadian Ramgarhia Society retain the solicitors?
  2. 2 Did Jaswant Saggu retain the solicitors personally?
  3. 3 What is the burden of proof for establishing a retainer?

Ratio Decidendi

On the balance of probabilities the solicitors proved they were retained by the Canadian Ramgarhia Society through the ostensible authority of its president, Jaswant Saggu, and also proved they acted for Mr. Saggu personally; therefore the Society and Mr. Saggu are jointly and severally liable for the account, and the solicitors are entitled to interest under the Court Order Interest Act and costs of the review fixed at $750.

Court Disposition

Registrar certified the account; Canadian Ramgarhia Society and Jaswant Saggu jointly and severally liable to pay the account; interest to be added at Court Order Interest Act rate; costs of review awarded to solicitors in the sum of $750 and solicitors may prepare certificate with interest calculation for signature.

Orders

  • Canadian Ramgarhia Society and Jaswant Saggu are jointly and severally liable to pay the account dated December 15, 2000 in the amount of $2,352.95.
  • Interest on the certified amount to be calculated from the date the account was rendered to the date of the certificate at the rate under the Court Order Interest Act.