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Legal profession 2024 BCSC 129

Ferguson v. Shawn Sidhu Law Corporation

Registrar Gaily substantially reduced a lawyer’s bill on a Legal Profession Act review, finding vague time entries and excessive rates. A fair fee of $2,000 inclusive of taxes and disbursements was ordered.

  • Bill review
  • Contingency fee agreement
  • Termination clause
  • Costs assessment
  • Time billing
  • Firm association
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Legal profession 2022 BCSC 612

Nirwan Law Corporation v. Nwabuikwu

Registrar review of contingency fee bills under the Legal Professions Act. The court confirmed the agreement but reduced recoverable fees and disbursements by $15,000.

  • Fee review
  • Contingency fee agreement
  • Disbursements
  • Interest on disbursements
  • Allocation of settlement between actions
  • Lawyer's duty of disclosure
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Legal profession act 2020 BCSC 952

Kuo v. Waldmann

In a Legal Profession Act bill review, the registrar awarded fees, disbursements, taxes and interest, but ordered the parties to bear their own costs.

  • Bill review
  • Special circumstances exception to statutory costs rule
  • Pre-judgment interest
  • Sales tax recovery
  • Costs awards
  • Bill-review
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Legal profession 2020 BCSC 495

Kuo v. Waldmann

The court cancelled a 2014 contingency fee agreement as unreasonable and ambiguous, then fixed a fair fee of $175,000 plus allowed disbursements and taxes.

  • Examination of retainer agreement
  • Fee review under lpa s.71
  • Joint retainer conflicts
  • Independent legal advice
  • Interpretation of "amounts recovered"
  • Charging orders
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Class actions 2020 BCSC 280

Watt v. Health Science Association of British Columbia

Courts approved a class action settlement involving trust funds, confirmed trustee authority to settle, approved class counsel fees, and extended the opt-in period.

  • Settlement approval under cpa s.35
  • Trustee act s.86 directions
  • Application of contingency fee agreement to trust funds and third party recovery
  • Equitable charging order
  • Amendment of trust deeds to direct surplus to beneficiaries
  • Extension of opt-in period
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Family law 2018 ONCA 424

Jackson v. Stephen Durbin and Associates

Section 28.1(2) of the Solicitors Act, by using the words 'contingent in whole or in part', captures any agreement where any part of a lawyer's remuneration is dependent on the successful disposition or completion of the matter; therefore a Results Achieved Fee that increases lawyer remuneration based on a positive result in a family law dispute is a prohibited contingency fee under s.28.1(3)(b).

  • Contingency fee prohibition
  • Retainer agreement
  • Assessment of fees
  • Statutory interpretation
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Civil procedure 2016 BCCA 470

Arletto v. Simpson Thomas & Associates

Appeal dismissed: the contingency fee agreement capped the appellant’s entitlement, leaving him no personal interest in seeking an hourly bill from the former firm.

  • Contingency fee agreement
  • Entitlement to lawyer's bill
  • File transfer and undertakings
  • Standing to seek remedy
  • Contingency-fees
  • Solicitor-client-costs
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Legal profession 2015 BCSC 1504

Spraggs & Company v. Carnaby

A lawyer’s contingency fee agreement and bill were reviewed and largely upheld, with limited reduction to photocopy disbursements and approval of interest and review costs.

  • Fee review
  • Contingency fee agreement
  • Reasonableness of fees
  • Disbursements
  • Withdrawal of lawyer
  • Certificate for fees
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Class actions 2013 BCSC 681

Plimmer v. Google, Inc.

Pre-certification class action fee-approval request heard ex parte. The court deferred general approval, approved a limited fee-splitting arrangement in principle, and رفضed sealing and publication ban.

  • Fee approval
  • Ex parte procedure
  • Fee-splitting with foreign counsel
  • Publication ban/sealing
  • Timing of certification
  • Judicial supervision of class proceedings
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Tort 2012 BCSC 1169

E.B. v. Basi

The court approved an infant-settlement legal fee of $2.4 million, holding that the contingency agreement was relevant but not determinative under a reasonableness assessment.

  • Fee approval
  • Quantum meruit
  • Infant settlement
  • Contingency fee agreement
  • Public guardian and trustee oversight
  • Infant-settlement
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Canada decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.