McInnis v. Provo

McInnis v. Provo

Where a solicitor claims fees the claimant must prove the basis and amount; overhead items are not recoverable without agreement and, absent evidence of a flat fee retainer, the court will assess a reasonable fee based on recorded time; applying that test the court allowed $297.50 plus HST $44.63 for a total of...

Source-derived case information.

Citation
2002 NSSM 8
Parties
Claimant: Weldon McInnis; Defendant: Terry J. Provo
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
30 April 2002
Procedural Posture
Small Claims Taxation of Solicitor's Account / Decision (taxation Hearing)
Outcome
Claim allowed in part; judgment for Claimant against Defendant for $342.13.
Legal Topics
Solicitor's Fees, Retainer Agreements, Reasonableness of Fees, HST, Client Ledger
Source Language
english
Civil Legal Profession Contract Taxation of Accounts Solicitor's Fees Retainer Agreements Reasonableness of Fees HST +1 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Weldon McInnis

Claimant

Terry J. Provo

Defendant

Procedural Posture

Small Claims Taxation of Solicitor's Account / Decision (taxation Hearing)

Legal Issues

  1. 1 Whether the solicitor can recover the full $500 cheque returned NSF
  2. 2 Whether ledger entries for overhead (parking, stationary, off-site storage) are recoverable absent agreement
  3. 3 Whether there was evidence of a flat fee retainer or agreement to charge $500

Ratio Decidendi

Where a solicitor claims fees the claimant must prove the basis and amount; overhead items are not recoverable without agreement and, absent evidence of a flat fee retainer, the court will assess a reasonable fee based on recorded time; applying that test the court allowed $297.50 plus HST $44.63 for a total of $342.13.

Court Disposition

Claim allowed in part; judgment for Claimant against Defendant for $342.13.

Orders

  • Defendant to pay $297.50 plus HST $44.63 to the Claimant firm (total $342.13).