khanna v. keeb

Appeal dismissed because the dispute involves conflicting accounts and issues of document interpretation and credibility that must be resolved by an assessment judge; therefore summary judgment was inappropriate and the matter is remitted for assessment to determine whether the retainer was limited to $2,500 per month or was a regular fee-for-service arrangement.

Citation: C34004
Parties: Plaintiff/appellant: Michael Khanna; Defendant/respondent: James W.W. Neeb
Court: Court of Appeal for Ontario
Jurisdiction: Canada
Judgment Date: 19 January 2001
Procedural Posture: Civil Appeal / Appeal From Order Dismissing Motion for Summary Judgment
Outcome: Appeal dismissed; order of Taliano J. dated March 22, 2000 upheld and matter remitted for assessment.
Legal Topics: Summary Judgment, Fee Agreement, Credibility, Assessment
Source Language: English

Civil Procedure Contract Solicitor Client Summary Judgment Fee Agreement Credibility Assessment

Case Brief

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Full judgment text Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 1

Parties

Michael Khanna

Plaintiff/appellant

James W.W. Neeb

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From Order Dismissing Motion for Summary Judgment

Legal Issues

1 Whether the plaintiff's liability to his solicitor was limited to $2,500 per month
2 Whether the dispute could be resolved on a summary judgment motion or required assessment and credibility findings
3 Whether Plater v. Arenson applied to this fee agreement

Ratio Decidendi

Court Disposition

Appeal dismissed; order of Taliano J. dated March 22, 2000 upheld and matter remitted for assessment.

Orders

Appeal dismissed
Proceed to assessment judge to determine whether the solicitor-client agreement was limited to $2,500 per month or was a regular fee-for-service agreement