Taylor v. Brozer

Taylor v. Brozer

Solicitors' own negligence in missing the limitation period did not constitute 'good cause' to preserve entitlement under an entire contract retainer; the missed limitation period destroyed any value of the prior firm's work to the clients, therefore no fees were owing and the clients were entitled to costs of the...

Source-derived case information.

Citation
2012 BCSC 1659
Parties
Solicitors: Taylor & Blair; Client: Frank Brozer; Client: Rose Brozer
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
7 November 2012
Procedural Posture
Bill Review Under the Legal Profession Act / Appointment to Review Accounts — Reasons for Decision Following Hearing
Outcome
Appointment to review accounts resolved in favour of clients: solicitors entitled to no fees; clients awarded costs.
Legal Topics
Retainer Agreements, Limitation Period, Fee Review, Quantum Meruit, Withdrawal From Retainer, Disgorgement of Fees
Source Language
english
Professional Negligence Legal Ethics Contract Law Insurance Law Procedural Law Retainer Agreements Limitation Period Fee Review +3 more

Source-derived case record

Summary, issues, holding and outcome

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Parties

Taylor & Blair

Solicitors

Frank Brozer

Client

Rose Brozer

Client

Procedural Posture

Bill Review Under the Legal Profession Act / Appointment to Review Accounts — Reasons for Decision Following Hearing

Legal Issues

  1. 1 Whether solicitors who missed the limitation period are entitled to any fees under an entire contract retainer
  2. 2 Whether the solicitors had 'good cause' to withdraw by reason of their own negligence
  3. 3 Whether the work performed had any value to the clients after the limitation period was missed

Ratio Decidendi

Solicitors' own negligence in missing the limitation period did not constitute 'good cause' to preserve entitlement under an entire contract retainer; the missed limitation period destroyed any value of the prior firm's work to the clients, therefore no fees were owing and the clients were entitled to costs of the review fixed at $2,000.

Court Disposition

Appointment to review accounts resolved in favour of clients: solicitors entitled to no fees; clients awarded costs.

Orders

  • Solicitors' accounts disallowed; no fees payable by the clients to Taylor & Blair for the work on the Accident matter
  • Clients awarded their costs of the review fixed at $2,000 inclusive of tariff items, disbursements and taxes per s.73(2)(b) of the Legal Profession Act