Canada Case Law

Malik Law Corporation v. Lally

Court

Supreme Court of British Columbia

The registrar accepted much of the lawyer's work as reasonable but found billing format and specificity deficient, disallowed unproven photocopy/scan charges ($498.75), set a reasonable fee for services at $27,000, allowed other disbursements, credited prior payments of $14,000, declared an outstanding balance of $17,907.79, awarded contract interest at 12% per annum from July 25, 2024, and ordered each party bear their own costs of the review due to special circumstances.

Source excerpt

• Lawyer's bill review
• Retainer agreement
• Certificate of pending litigation (cpl)
• Disbursements
• Contract interest
• Costs of review

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Yilmaz v. Dhugga

Court

Supreme Court of British Columbia

The court dismissed an application to discharge a solicitor’s lien, holding that s. 79 of the Legal Profession Act still applied despite counsel’s withdrawal before settlement.

• Solicitor's lien under s.79 of the legal profession act
• Proper forum for fee disputes (registrar vs court)
• Discharge of lien standard
• Assessment of fees and disbursements
• Solicitor-lien
• Legal-profession-act

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Bernard LLP v. Michael Wilson & Partners, Ltd.

Court

Supreme Court of British Columbia

MWP failed to provide required affidavits and hearing record and produced untimely, prejudicial materials justifying dismissal of its appointment; on the merits Bernard's discounted rates, contemporaneous emails demonstrating client instruction, and supporting invoices established the fees and most disbursements were reasonable and recoverable, except for an unsupported $44.70 scanning charge (plus tax), and the registrar must certify the bill with interest at 12% per the retainer while crediting MWP pre-judgement interest on the $20,000 retainer under the Court Order Interest Act.

Source excerpt

• Fee assessment
• Retainer scope
• Trust account interest
• Procedural non-compliance
• Disbursements
• Costs allocation

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Wenn v. Leibovitz

Court

Supreme Court of British Columbia

The court dismissed a legal bill review for want of prosecution after finding a nine-year delay was inordinate and inexcusable, and that the interests of justice favoured dismissal.

• Want of prosecution
• Delay
• Dismissal for want of prosecution
• Fee review
• Disability accommodation
• Case management

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Woodske v. Metzner

Court

Supreme Court of British Columbia

The court struck a self-represented plaintiff’s claim against opposing family-law counsel, finding no duty of care, absolute privilege, and no reasonable prospect of success.

• Strike pleadings
• Duty of care of opposing counsel
• Absolute privilege
• Abuse of process
• Costs
• Strike-pleadings

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1247249 B.C. Ltd. v. Soliman

Court

Supreme Court of British Columbia

The court partially allowed a lawyer’s bill review, reducing fees for some time entries, approving an expert disbursement, and allowing contractual interest.

• Bill review
• Retainer agreement
• Disbursements
• Interest
• Certificate of pending litigation
• Specific performance

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Blair v MacGillivray Law Office

Court

Nova Scotia Small Claims Court

Adjudicator found the claimant reasonably relied on a 25% fee representation and that a 25% contingency on the portion of the settlement attributable to the claimant after insurer subrogation ($450,000) is reasonable; accordingly legal fees were assessed at 25% of $450,000 = $112,500; interest on disbursements was not proven reasonable and is disallowed; mail/faxes disallowed; photocopy charges reduced to $445.20; defendants must provide a final statement of account and reimburse the claimant for any amounts paid in excess of these findings (including $9,222.36 for interest on disbursements a…

Source excerpt

• Contingency fee
• Reasonableness of legal fees
• Disbursements and interest
• Client accounting
• Subrogation
• Conflict of interest

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Chen v. Weir

Court

Supreme Court of British Columbia

The court ordered $139,671.84 of settlement proceeds paid into court to protect an asserted solicitor’s lien, noting the defendants had no entitlement to the funds.

• Payment into court
• Preservation order
• Solicitor's lien
• Settlement funds
• Costs
• Payment-into-court

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Mussio Goodman v. Laferriere

Court

Supreme Court of British Columbia

The court allowed a solicitor’s account in part, rejected constructive dismissal of the retainer, reduced unsupported time entries, and certified costs.

• Passing of accounts
• Retainer termination
• Reasonableness of fees
• Costs assessment
• Billing practices
• Constructive dismissal

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Koftinoff v. Harding

Court

British Columbia Court of Appeal

The Court of Appeal dismissed a client’s challenge to a solicitor’s account review, finding no reviewable error in the registrar’s assessment or the reviewing judge’s reasons.

• Fee review
• Contingency fee agreement
• Standard of review
• Withdrawal of counsel
• Duress
• Billing assessment

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