DuMoulin & Boskovich v. Khalsa Credit Union

DuMoulin & Boskovich v. Khalsa Credit Union

Master held the fees were reasonable and necessary, rejected the fixed-fee/strict budget cap argument, found the administrator acquiesced to continued representation thereby making the credit union liable for the unpaid portion of the accounts, ordered payment of the Grover disbursement, denied the Parlow claim against the credit union, and awarded costs to the law firm.

Citation
2000 BCSC 1662
Parties
Solicitors: DuMoulin & Boskovich; Client: Khalsa Credit Union
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
17 November 2000
Procedural Posture
Fee Dispute Re Legal Accounts and Approval Under Financial Institutions Act / Hearing and Reasons (master/registrar Decision)
Outcome
Solicitors' accounts allowed; credit union ordered to pay outstanding accounts, Grover disbursement payable, Parlow disbursement not payable against the credit union; solicitors awarded costs.
Legal Topics
Supervision and Administration, Approval of Legal Fees, Retainer and Budget Limits, Conflict of Interest of Supervisor/administrator, Disbursements
Source Language
English
Financial Institutions Law Legal Profession Solicitor's Fees Administrative Law Costs and Disbursements Supervision and Administration Approval of Legal Fees Retainer and Budget Limits Conflict of Interest of Supervisor/administrator +1 more

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Parties

DuMoulin & Boskovich

Solicitors

Khalsa Credit Union

Client

Procedural Posture

Fee Dispute Re Legal Accounts and Approval Under Financial Institutions Act / Hearing and Reasons (master/registrar Decision)

Legal Issues

  1. 1 Whether approved budget constituted a fixed cap on fees payable
  2. 2 Whether the law firm is entitled to unpaid fees incurred beyond the budgets approved by the administrator/supervisor
  3. 3 Whether the administrator/supervisor's conduct constituted acquiescence or approval of additional fees

Ratio Decidendi

Master held the fees were reasonable and necessary, rejected the fixed-fee/strict budget cap argument, found the administrator acquiesced to continued representation thereby making the credit union liable for the unpaid portion of the accounts, ordered payment of the Grover disbursement, denied the Parlow claim against the credit union, and awarded costs to the law firm.

Court Disposition

Solicitors' accounts allowed; credit union ordered to pay outstanding accounts, Grover disbursement payable, Parlow disbursement not payable against the credit union; solicitors awarded costs.

Orders

  • Credit union to pay outstanding solicitor's accounts totaling CAD 14661.97
  • Grover disbursement to be paid by the credit union