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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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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John M. Ritcher Law Corporation v. Goritsas

Court

Supreme Court of British Columbia

The court reviewed a contingency fee bill under the Legal Profession Act, found the retainer clause ambiguous, rejected the claimed contingent fee, and allowed a reduced fair fee.

• Contingency fee agreements
• Retainer termination
• Bill review
• Fee assessment
• Contra proferentum
• Contingency-fee-agreements

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McLeod v. Huang

Court

Supreme Court of British Columbia

Review of a lawyer’s bill under the Legal Profession Act. The court reduced fees, disallowed part of the claimed interest and some disbursements, and fixed the balance due.

• Fee assessment
• Retainer agreement
• Contractual interest
• Mortgage security
• Independent legal advice
• Contingency fees

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0731431 B.C. Ltd. v. Panorama Parkview Homes Ltd.

Court

Supreme Court of British Columbia

The court varied a repayment order under s. 37 of the BIA, awarding prejudgment and post-judgment interest on funds repaid by the trustee and former counsel.

• Prejudgment interest
• Post‑judgment interest
• Bankruptcy and insolvency act s.37
• Repayment order
• Declaratory relief
• Equitable remedies

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Parmar v. Mir Huculak Law Office

Court

Supreme Court of British Columbia

Fee review under the Legal Profession Act. The registrar reduced both lawyers’ bills after finding the recorded hours, rates, and retroactive accounts unreliable.

• Bill review
• Fee assessment
• Solicitor's lien
• Billing practices
• Retainer agreement
• Disciplinary history

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John M. Richter Law Corporation v. 0958969 B.C. Ltd.

Court

Supreme Court of British Columbia

Taxation of a law firm's accounts under the Legal Profession Act. The registrar reduced fees by $2,000 for duplication, allowed disbursements, and ordered contractual interest.

• Fee assessment
• Taxation of legal accounts
• Contractual interest
• Certificate of pending litigation
• Piercing the corporate veil
• Retainer agreement

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Guild Yule LLP v. Heck

Court

Supreme Court of British Columbia

Registrar review of law firm accounts reduced fees and disbursements after finding ballpark estimates were not properly managed and the clients should have been advised sooner.

• Fee assessment
• Retainer agreement
• Fee estimate
• Termination of retainer
• Disbursements
• Duty to advise

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Holness and Small Law Group Professional Law Corporation v. Parmar

Court

Supreme Court of British Columbia

The court allocated a contingency fee between two law firms on a quantum meruit basis, awarding the first firm 5% of the accepted $170,000 fee plus taxes.

• Contingency fee
• Quantum meruit
• Fee assessment
• Disbursements
• Costs
• Contingency-fee

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John M. Richter Law Corporation v. Wolosnick

Court

Supreme Court of British Columbia

The court held that a client who settled a contingency-fee estate dispute without the lawyer’s involvement still owed only the contractually agreed 35% fee.

• Contingency fee agreement
• Termination of retainer
• Fee assessment
• Settlement approval
• Law society rules
• Client discharge of lawyer

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