Geffroy v. England

Geffroy v. England

Claim dismissed because the claimant lacks statutory standing under s.68 to initiate taxation (she is not a person from whom the account is claimed and there is no written guarantee making her liable for another's legal fees) and s.69 does not authorize a non-client to use the court as a vehicle solely to tax a lawyer's account; the adjudicator would exercise discretion not to permit such taxation here.

Citation
2015 NSSM 23
Parties
Claimant: Linda Geffroy; Defendant: S. Adele England; Defendant: Parkland Law
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
16 March 2015
Procedural Posture
Small Claims Court / Hearing and Decision (adjudication)
Outcome
Claim dismissed without prejudice to the client (Andrew) pursuing taxation of the account
Legal Topics
Taxation of Legal Fees, Retainer, Standing to Tax Accounts, Statute of Frauds, Solicitor Client Confidentiality, Procedure for Notice of Taxation
Source Language
English
Legal Profession Family Law Civil Procedure Taxation of Legal Fees Retainer Standing to Tax Accounts Statute of Frauds Solicitor Client Confidentiality +1 more

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Parties

Linda Geffroy

Claimant

S. Adele England

Defendant

Parkland Law

Defendant

Procedural Posture

Small Claims Court / Hearing and Decision (adjudication)

Legal Issues

  1. 1 Whether the claimant has standing to tax the lawyer's account under the Legal Profession Act
  2. 2 Whether the claimant qualifies as a person 'from whom an account or any portion of it is claimed' under s.68
  3. 3 Whether s.69 permits a non-client to seek taxation where the proceeding is solely an attempt to tax the account

Ratio Decidendi

Claim dismissed because the claimant lacks statutory standing under s.68 to initiate taxation (she is not a person from whom the account is claimed and there is no written guarantee making her liable for another's legal fees) and s.69 does not authorize a non-client to use the court as a vehicle solely to tax a lawyer's account; the adjudicator would exercise discretion not to permit such taxation here.

Court Disposition

Claim dismissed without prejudice to the client (Andrew) pursuing taxation of the account

Orders

  • Claim dismissed
  • Dismissal without prejudice to any taxation Andrew, as the client, might pursue