Blaxland (Michael) Personal Law Corp. v. Clendenning, (1999) 12 B.C.T.C. 194 (SC Reg.)

• Court: Supreme Court of British Columbia (Canada)
• Case Date: April 13, 1999
• Jurisdiction: British Columbia
• Citations: (1999), 12 B.C.T.C. 194 (SC Reg.)

Blaxland Personal Law v. Clendenning (1999), 12 B.C.T.C. 194 (SC Reg.)

MLB headnote and full text

Temp. Cite: [1999] B.C.T.C. TBEd. JN.100

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

(J990062)

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

British Columbia Supreme Court

Vancouver

Wellburn, District Registrar

May 20, 1999.

Summary:

McDonell represented Clendenning in a wrongful dismissal action. Following the trial, the trial judge reserved judgment but awarded Clendenning scale two 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 District Registrar of the British Co­lumbia Supreme Court 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.

Barristers and Solicitors - Topic 1583

Relationship with client - Termination of relationship - Withdrawal by lawyer - General - See paragraphs 31 to 33.

Barristers and Solicitors - Topic 3134

Compensation - Agreements - Contingent fees - Whether fees payable before litiga­tion concluded - See paragraphs 31 to 33.

Cases Noticed:

Doig v. Davidson Muir (1998), 106 B.C.A.C. 80; 172 W.A.C. 80 (C.A.), refd to. [para. 32].

Pierce, Van Loon v. Edwards, [1998] B.C.T.C. Uned. D29 (S.C. Master), refd to. [para. 33].

Diligenti v. McAlpine (1978), 9 B.C.L.R. 153 (C.A.), refd to. [para. 39].

Counsel:

Michael Blaxland, for the plaintiff;

Colette Clendenning appeared on her own behalf.

This matter was heard at Vancouver, Brit­ish Columbia, on April 13, 1999, by District Registrar Wellburn, who delivered the fol­lowing decision on May 20, 1999.