McInnis v. Chaisson

McInnis v. Chaisson

The lawyer failed to prove on a balance of probabilities that a retainer existed because there was no confirming correspondence, no evidence from the responsible lawyer who had first contact, and the firm's file and memo did not demonstrate an actual retainer; therefore the taxation and claim must be dismissed for lack of retainer.

Citation
2003 NSSM 5
Parties
Claimant: Weldon McInnis; Defendant: Tim Chiasson; Defendant: Lori Chiasson
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
31 March 2003
Procedural Posture
Small Claims Court Taxation of Legal Account / Taxation Hearing and Decision
Outcome
Taxation and claim dismissed for lack of retainer; claim discontinued as against Tim Chiasson
Legal Topics
Existence of Retainer, Onus of Proof, Taxation of Solicitor Client Accounts, Adjournment Application
Source Language
English
Civil Procedure Solicitor Client Accounts Contract (retainer) Existence of Retainer Onus of Proof Taxation of Solicitor Client Accounts Adjournment Application

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Parties

Weldon McInnis

Claimant

Tim Chiasson

Defendant

Lori Chiasson

Defendant

Procedural Posture

Small Claims Court Taxation of Legal Account / Taxation Hearing and Decision

Legal Issues

  1. 1 Whether a retainer existed between the law firm and Lori Chiasson
  2. 2 Whether the claimant proved entitlement to the solicitor-client account fees
  3. 3 Whether an adjournment was appropriate

Ratio Decidendi

The lawyer failed to prove on a balance of probabilities that a retainer existed because there was no confirming correspondence, no evidence from the responsible lawyer who had first contact, and the firm's file and memo did not demonstrate an actual retainer; therefore the taxation and claim must be dismissed for lack of retainer.

Court Disposition

Taxation and claim dismissed for lack of retainer; claim discontinued as against Tim Chiasson

Orders

  • Taxation dismissed
  • Claim dismissed for lack of retainer