Canada Case Law

Courchesne v. McComb Witten Marcoux

Court

Supreme Court of British Columbia

Given the inclusive statutory definition of 'person charged' and the Transfer Agreement in which Derber Law agreed to indemnify/pay MWM from the client's contingency recovery, Derber Law has standing as a 'person charged' to seek an LPA s.70 review; the registrar has jurisdiction to consider and, as necessary, interpret the Transfer Agreement in the course of an LPA review; accordingly the dispute will proceed as a review under s.70 rather than being relegated to a separate contractual action.

Source excerpt

• Fee assessment
• Person charged definition
• Transfer agreements
• Jurisdiction of registrar

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Skidders v. Hartshorne

Court

Supreme Court of British Columbia

Registrar Gaily held the s. 70 LPA appointment was premature because no bill had been rendered and a registrar lacked jurisdiction to compel one at a PHC.

• Bill review
• Jurisdiction of registrar
• Contingency fee agreement
• Limitation periods
• Disbursement charges
• Legal-profession-act

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Kuo v. Waldmann

Court

Supreme Court of British Columbia

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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Lunny Atmore LLP v. Ting

Court

Supreme Court of British Columbia

The registrar refused to stay a fee certificate or allow instalment payments, finding the client had not made full financial disclosure and had shown an ability to pay.

• Stay of certificate
• Instalment payments
• Fee review
• Costs
• Fee-certificate
• Instalment-payments

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Society of Notaries Public of British Columbia v. The Law Society of British Columbia

Court

Supreme Court of British Columbia

La Corte sostuvo que el artículo 18(b)(i) de la Notaries Act exige distribución inmediata en posesión, no solo adquisición de derechos en interés, y desestimó la petición.

• Scope of notaries' authority
• Life estates
• Vesting vs distribution
• Statutory interpretation
• Injunction
• Statutory-interpretation

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L.A.C. Ross Law Corporation v. Arbutus RV & Marine Sales Ltd.

Court

Supreme Court of British Columbia

The court upheld a law firm's accounts for corporate restructuring, tax and estate planning work, finding the fees reasonable under the Legal Profession Act.

• Solicitor's account review
• Fee assessment
• Retainer and fixed fee quotes
• S.71 lpa factors
• S.72 lpa costs
• Solicitor-account-review

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Ansley Law Corporation v. Chiu

Court

Supreme Court of British Columbia

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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Huang v. Ross Chocolates Ltd.

Court

Supreme Court of British Columbia

Registrar Blok reviewed a solicitor’s accounts in a China business matter, found the $18,000 figure was only an estimate, and reduced the bill to $82,254.06.

• Fee assessment
• Retainer agreement
• Billing disputes
• Authorization of work
• Disbursements
• Interest

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Label v. Albanese

Court

Supreme Court of British Columbia

The court held that Rule 37 offer-to-settle double costs do not apply to a review of a solicitor’s bill under the Legal Profession Act.

• Offer to settle
• Double costs
• Rule 37
• Jurisdiction of master/registrar
• Section 72(1)
• Double-costs

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Roberts & Baker v. Kemp

Court

Supreme Court of British Columbia

The Registrar held that delay in the client’s negligence action was too great to keep deferring a Legal Profession Act review, and the matter was set for hearing.

• Adjournment
• Delay and prejudice
• Abuse of process
• Deference to parallel tort proceedings
• Costs
• Delay-and-prejudice

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