Canada Case Law

Arnaldi v. Liggett

Court

Supreme Court of British Columbia

Registrar found the hours billed (629 by lawyer, 78.2 by staff) were excessive and not reflected in the work product; substantial portion of staff time was administrative or training and should not be billed; lawyer failed to demonstrate required skill and produced pleadings and submissions lacking legal analysis despite extensive research charges; solicitor's disciplinary history and trust-account restrictions were relevant; applied s.71(4) factors and reduced allowed fees to $60,000 inclusive of disbursements, taxes, interest and amounts already paid; because reduction exceeded 1/6th, solic…

Source excerpt

• Billing dispute
• Bill review under lpa
• Reasonableness of legal fees
• Retainer agreement
• Interest charges
• Probate and administration

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Harper KL Development Corp. v. 1131182 B.C. Ltd

Court

Supreme Court of British Columbia

The court corrected a sale order under the slip rule to provide payment of the seller’s reasonable conveyancing legal fees from sale proceeds.

• Court-ordered sale
• Partition of property
• Slip rule correction
• Solicitor's lien
• Payment of legal fees from sale proceeds
• Leave to review legal account

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Frampton v. Boyle

Court

Supreme Court of Nova Scotia

The adjudicator's decision was set aside because the respondent lawyer failed to discharge the onus to prove that he provided the assessment and advice contemplated by the retainer and that the fees were fair and reasonable; the only evidentiary support was an undated email and the respondent's absence meant the account was not proven reasonable, entitling the appellant to a refund, costs and prejudgment interest.

Source excerpt

• Taxation of costs
• Retainer agreement
• Lawyer's fees
• Onus of proof
• Reasonable apprehension of bias
• Prejudgment interest

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Paul M. Johnston Personal Law Corp. v. Carroll

Court

Supreme Court of British Columbia

On appeal from a small claims debt judgment, the court held contractual interest on a lawyer’s bills could be varied for fairness and corrected the interest award to $3,600.

• Retainer agreements
• Lawyer's bills and bill review
• Interest on unpaid legal fees
• Small claims act appeals
• Legal profession act review
• Calculation of prejudgment interest

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Golonka v. Golonka

Court

Supreme Court of British Columbia

The court held that a non-party psychologist lacked standing to enforce payment of his section 211 report fees in the family action, and dismissed the application as moot and without costs.

• Section 211 report
• Expert witness fees
• Standing of non-party experts
• Solicitor's undertaking
• Enforcement of consent orders
• Special costs

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Central Valley Mechanical Ltd. v. Putoto

Court

Supreme Court of British Columbia

The court dismissed a lawyer’s application for a solicitor’s lien over the Putotos’ property, finding the evidence did not show the firm recovered or preserved the property.

• Solicitor's lien
• Builders' lien
• Foreclosure
• Retainer dispute
• Bill assessment/review
• Jurisdiction of master

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Larry G. Schafer Law Corporation v. Muir

Court

Supreme Court of British Columbia

The court refused a late review of legal accounts, found no special circumstances under the Legal Profession Act, and allowed sale of land to satisfy the judgments.

• Solicitor's lien/certificates of judgment
• Review of legal bills under s.70 lpa
• Special circumstances and delay
• Sale of land under court order enforcement act s.92
• Provincial sales tax issue (christie)
• Legal-bill-review

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Lang Michener v. American Bullion Minerals Ltd.

Court

Supreme Court of British Columbia

Court held directors in receivership could bind the company only for residual powers such as defending claims and preserving corporate existence, not for asset-related financing or agreement challenges.

• Residual powers of directors in receivership
• Authority to bind corporation to pay legal fees
• Duties and powers of court-appointed receiver
• Estoppel and inherent jurisdiction
• Review of solicitor's accounts
• Receivership-law

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