Athwal v Mather, 2019 ABQB 801

JudgeHonourable Mr. Justice G.S. Dunlop
Citation2019 ABQB 801
Docket Number1703 03068
CourtCourt of Queen's Bench of Alberta (Canada)
Date17 October 2019
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4 practice notes
  • Tallcree First Nation v Rath & Company,
    • Canada
    • Court of Appeal (Alberta)
    • 11 Mayo 2022
    ...required is a classic form of hindsight analysis. Contrary to what was suggested in Athwal (Litigation representative of) v Mather, 2019 ABQB 801 at para. 18, 42 CPC (8th) 308 this is not a relevant factor in determining the reasonableness of a contingency fee [72]    &#......
  • Stanchfield v Doe,
    • Canada
    • Court of King's Bench of Alberta (Canada)
    • 4 Mayo 2023
    ...the view that 25% was a more appropriate contingency award amount having regard to various factors: Morrison at para 27; Athwal v Mather, 2019 ABQB 801 at para 5 (citing MS v DM, 2014 ABQB 702 at para 43) Further, the Public Trustee's position is that no costs and disbursements should ......
  • Tallcree First Nation v Rath & Co,
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • 9 Junio 2021
    ...a fair and reasonable contingency fee: see for example MS v DM, 2014 ABQB 702; Downes v Botan, 2018 ABQB 341; Athwal v Mather, 2019 ABQB 801. What these cases and others describe is a process in which the Court exercises its “discretion” according to certain parameters in dete......
  • Tallcree First Nation v Rath & Co,
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • 26 Marzo 2021
    ...a fair and reasonable contingency fee: see for example MS v DM, 2014 ABQB 702; Downes v Botan, 2018 ABQB 341; Athwal v Mather, 2019 ABQB 801. What these cases and others describe is a process in which the Court exercises its “discretion” according to certain parameters in determining a fair......
4 cases
  • Tallcree First Nation v Rath & Company,
    • Canada
    • Court of Appeal (Alberta)
    • 11 Mayo 2022
    ...required is a classic form of hindsight analysis. Contrary to what was suggested in Athwal (Litigation representative of) v Mather, 2019 ABQB 801 at para. 18, 42 CPC (8th) 308 this is not a relevant factor in determining the reasonableness of a contingency fee [72]    &#......
  • Stanchfield v Doe,
    • Canada
    • Court of King's Bench of Alberta (Canada)
    • 4 Mayo 2023
    ...the view that 25% was a more appropriate contingency award amount having regard to various factors: Morrison at para 27; Athwal v Mather, 2019 ABQB 801 at para 5 (citing MS v DM, 2014 ABQB 702 at para 43) Further, the Public Trustee's position is that no costs and disbursements should ......
  • Tallcree First Nation v Rath & Co,
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • 26 Marzo 2021
    ...a fair and reasonable contingency fee: see for example MS v DM, 2014 ABQB 702; Downes v Botan, 2018 ABQB 341; Athwal v Mather, 2019 ABQB 801. What these cases and others describe is a process in which the Court exercises its “discretion” according to certain parameters in determining a fair......
  • Tallcree First Nation v Rath & Co,
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • 9 Junio 2021
    ...a fair and reasonable contingency fee: see for example MS v DM, 2014 ABQB 702; Downes v Botan, 2018 ABQB 341; Athwal v Mather, 2019 ABQB 801. What these cases and others describe is a process in which the Court exercises its “discretion” according to certain parameters in dete......

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