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Canada Case Law

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Legal profession 2015 BCSC 2172

Niemela v. Dakota Ridge Builders Ltd.

Registrar Cameron reduced a solicitor’s assessed accounts after finding excessive, unproductive time entries and unsupported disbursements, ordering a refund, interest, and costs.

  • Bill assessment
  • Retainer agreement
  • Reasonableness of fees
  • Disbursements
  • Interest
  • Costs
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Legal profession act 2012 BCSC 631

Ansley Law Corporation v. Chiu

Fee assessment under the Legal Profession Act: the court found the defamation and tree-dispute file complex, but reduced the solicitor’s bill modestly to $165,000.

  • Fee assessment
  • Retainer agreement
  • Reasonableness of fees
  • Billing dispute
  • Settlement
  • Injunction
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Solicitors act 2010 ONCA 709

Echo Energy Canada Inc. v. Lenczner Slaght Royce Smith Griffin LLP

The Court held that special circumstances were established as to Lenczner Slaght Royce Smith Griffin LLP and Voorheis & Co. LLP because evidence undermined the presumption that payment signified client acceptance: approvals were given by interested directors, oversight by the special committee lacked transparency (no minutes), key retainers were absent or limited, and the size and context of the bills supported referral; therefore the paid accounts of those two firms must be assessed. The Court dismissed the assessment application as to McCarthy Tétrault LLP because no circumstances rebutted…

  • Special circumstances
  • Assessment of solicitor's bill
  • Retainer
  • Approval of invoices
  • Board governance
  • Conflict of interest
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Family law 2010 BCSC 896

William T. Clarke Law Corp. v. G.E.G.P.

Registrar reduced a lawyer’s bill after a client bill review under the Legal Profession Act, finding most charges reasonable only to a limited extent and awarding the client costs.

  • Retainer interpretation
  • Fee assessment and reasonableness
  • Jurisdiction/choice of forum
  • Adequacy of legal advice
  • Solicitor-client communication
  • Interest and costs on reviewed bill
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Legal profession 2009 BCSC 926

LeClair v. Blenk

Taxation review of a solicitor’s bills under the Legal Profession Act. The court reduced many charges, allowed all ten bills to be reviewed, and fixed the total allowed amount at $95,845.73.

  • Taxation of lawyer's bills
  • Retainer agreements
  • Disbursements and trust accounting
  • Premium/bonus billing
  • Inherent jurisdiction
  • Taxation-of-lawyers-bills
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Family law 2008 BCSC 1288

Lorne N. MacLean Law Corporation v. Salmond

Bill review under the Legal Profession Act: most of the solicitors’ fees were allowed, one bill was disallowed, contractual interest was permitted, and costs of the review were fixed at $1,000.

  • Bill review
  • Fees and disbursements
  • Contractual interest
  • Retainer
  • Professional conduct
  • Costs order
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Legal profession 2007 BCSC 477

Cook Roberts v. Ruffolo

The court adjourned a solicitor’s bill review, making it peremptory on the client and directing two-day hearing preparations, witness lists, and a written summary of objections.

  • Bill review
  • Adjournment
  • Case management
  • Peremptory directions
  • Constructive trust
  • Recusal request
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Legal profession 2005 BCSC 1771

Elias v. Smyth

Registrar Baker approved the solicitor’s account in full, finding the time spent, including preparation and court attendance, was reasonable and properly recorded.

  • Review of solicitor's account
  • Reasonableness of fees and time
  • Agent vs counsel billing
  • Assize/chambers scheduling
  • Solicitor-fee-review
  • Legal-profession-act
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Solicitor and client 2005 BCSC 748

Campney & Murphy et al. v. Paragon Realty et al.

On review of solicitors’ accounts, the court allowed a $3,000 set-off against Singleton Urquhart’s bill, declined to assign scanning fees to the firm, and awarded costs to the client.

  • Account review
  • Fee assessment
  • Conflict of interest
  • Allocation of costs
  • File transfer and client onboarding
  • Document scanning fees
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Family law 2002 BCSC 1302

Lebedovich v. Howell

Review of a solicitor’s bills: the Master disallowed three early-2002 accounts, allowed the rest in full, and ordered costs to the client.

  • Solicitor's bill taxation
  • Termination of retainer
  • Contempt proceedings
  • Fee reduction
  • Solicitor-billing
  • Retainer-termination
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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.