Redden v. Morris

Redden v. Morris

The adjudicator found parts of the account excessive due to lack of written retainer/budget, unreasonable charging for retainer discussions, and systematic use of .2 billing increments; accordingly reduced fees by specified amounts, deducted the paid $500 retainer, allowed disbursements and HST on allowed fees, and fixed the balance owing.

Citation
2004 NSSM 14
Parties
Applicant: Stanton E. Redden; Respondent: James Morris
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
15 March 2004
Procedural Posture
Small Claims Court / Taxation Hearing (decision)
Outcome
Account allowed in part; fees reduced and balance fixed.
Legal Topics
Retainer and Billing, Fee Taxation, Fee Reasonableness, Foreclosure and Execution, Property Sale
Source Language
English
Family Law Costs and Fees Civil Procedure Retainer and Billing Fee Taxation Fee Reasonableness Foreclosure and Execution Property Sale

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Parties

Stanton E. Redden

Applicant

James Morris

Respondent

Procedural Posture

Small Claims Court / Taxation Hearing (decision)

Legal Issues

  1. 1 Whether the solicitor's account was excessive and should be reduced
  2. 2 Whether charges for discussions about retainers and client disagreements are chargeable
  3. 3 Whether billing increments of .2 were unreasonable and inflated fees

Ratio Decidendi

The adjudicator found parts of the account excessive due to lack of written retainer/budget, unreasonable charging for retainer discussions, and systematic use of .2 billing increments; accordingly reduced fees by specified amounts, deducted the paid $500 retainer, allowed disbursements and HST on allowed fees, and fixed the balance owing.

Court Disposition

Account allowed in part; fees reduced and balance fixed.

Orders

  • Fees reduced to $5,688.30
  • Disbursements of $749.00 allowed