Blaxland (Michael) Personal Law Corp. v. Clendenning, 2000 BCCA 252

• Judge: McEachern, C.J.B.C., Cumming and Braidwood, JJ.A.
• Court: Court of Appeal (British Columbia)
• Case Date: April 04, 2000
• Jurisdiction: British Columbia
• Citations: 2000 BCCA 252;(2000), 139 B.C.A.C. 12 (CA)

Blaxland Law Corp. v. Clendenning (2000), 139 B.C.A.C. 12 (CA);

    227 W.A.C. 12

MLB headnote and full text

Temp. Cite: [2000] B.C.A.C. TBEd. JL.018

Michael Blaxland Personal Law Corporation (plaintiff/appellant) v. Colette Clendenning (defendant/respondent)

(CA026391; 2000 BCCA 252)

Indexed As: Blaxland (Michael) Personal Law Corp. v. Clendenning

British Columbia Court of Appeal

McEachern, C.J.B.C., Cumming and Braidwood, JJ.A.

April 4, 2000.

Summary:

McDonell represented Clendenning in a wrongful dismissal action. Following the trial, the trial judge reserved judgment but awarded Clendenning scale 2 costs with the right to apply for increased costs. Clendenn­ing retained Blaxland on a contingency basis to apply for increased costs and to represent her on an expected appeal. The trial judge rendered judgment, awarding Clendenning $107,153 damages. The employer appealed and obtained a stay of judgment pending appeal. Blaxland obtained an order that $20,000 be paid to Clendenning because she required financial assistance. Blaxland advised Clendenning that he would not act for her unless she paid him a fee from the $20,000. Clendenning refused. Blaxland delivered her a bill calculated on an hourly rate. Blaxland delivered a notice of intention to withdraw. Blaxland sought fees of $26,969.01, which included disbursements. Clendenning disputed the bill.

The British Columbia Supreme Court, in a decision reported in 12 B.C.T.C. 194, held that the contingency agreement did not cover money paid pursuant to the trial judgment prior to a settlement or judgment on the merits of the appeal. Blaxland was not entitled to be paid a percentage of the $20,000. By refusing to act unless he was paid, Blaxland quit and, therefore, was not entitled to a fee. Blaxland appealed.

The British Columbia Court of Appeal dismissed the appeal.

Barristers and Solicitors - Topic 1583

Relationship with client - Termination of relationship - Withdrawal by lawyer - General - A client received interim pay­ment ($20,000) of a judgment won in Supreme Court pending the opposing party's appeal - The client's lawyer told her he would not continue to act for her unless paid a percentage fee of the $20,000, relying on a contingency fee agreement - The client felt intimidated but refused - The lawyer delivered her a bill calculated on an hourly rate and a notice of intention to withdraw - The British Columbia Court of Appeal affirmed that since the lawyer withdrew from the con­tract, no amount of monies for services rendered could be allowed - See para­graphs 9 to 10.

Barristers and Solicitors - Topic 3006.1

Compensation - General - Entitlement - Requirement of solicitor-client relationship - [See Barristers and Solicitors - Topic 1583 ].

Barristers and Solicitors - Topic 3134

Compensation - Agreements - Contingent fees - Whether fees payable before litiga­tion concluded - A lawyer acted for the respondent in an appeal - The Court of Appeal held that a portion of the judgment ($20,000) be paid immediately to the respondent pending the appeal - The lawyer claimed 33 percent of that payment, relying on the parties' contingency fee agreement - The British Columbia Court of Appeal affirmed that under the agree­ment the legal fee was to be calculated only at the conclusion of the appeal - The agreement did not provide for payment of a percentage fee on any amount recovered as a result of legal work in the Court of Appeal.

Counsel:

M. Blaxland, for the appellant;

Colette Clendenning, on her own behalf;

This appeal was heard before McEachern, C.J.B.C., Cumming and Braidwood, JJ.A., of the British Columbia Court of Appeal, at Vancouver, British Columbia, on April 4, 2000, when the following decision was delivered orally for the court by Braidwood, J.A.