Carter v. Blake, (1982) 41 A.R. 418 (NWTCA)

JudgeLieberman, McClung and Harradence, JJ.A.
CourtCourt of Appeal (Northwest Territories)
Case DateNovember 05, 1982
JurisdictionNorthwest Territories
Citations(1982), 41 A.R. 418 (NWTCA)

Carter v. Blake (1982), 41 A.R. 418 (NWTCA)

MLB headnote and full text

Carter v. Blake

(Appeal No. S.C. 397)

Indexed As: Carter v. Blake

Northwest Territories Court of Appeal

Lieberman, McClung and Harradence, JJ.A.

November 5, 1982.

Summary:

Blake was convicted of break and enter and sentenced to imprisonment for 2 years. While in prison Blake retained a lawyer to appeal his conviction based on a letter from a witness who recanted his incriminating testimony at Blake's trial. The lawyer was paid $2,000 pursuant to a written retainer. Before the appeal was heard Blake discharged the lawyer. The lawyer rendered an account for $1,500 plus disbursements which on taxation was reduced to $900. The lawyer appealed the taxation to the Northwest Territories Supreme Court.

The Northwest Territories Supreme Court dismissed the appeal based on the fact finding of the taxing officer that the $2,000 retainer was to cover all costs surrounding the appeal. The lawyer appealed to the Northwest Territories Court of Appeal.

The Northwest Territories Court of Appeal dismissed the appeal.

Practice - Topic 4367

Costs - Appeals from taxation - Review of fact finding of taxing officer - The Northwest Territories Court of Appeal stated that normally a fact finding by a taxing officer should be treated on the same footing as fact findings made by a trial judge (see paragraph 7).

Barristers and Solicitors - Topic 3168

Compensation - The retainer, scope of - A lawyer was retained by a prisoner to appeal the prisoner's conviction based on a letter from a witness who recanted his incriminating testimony at the prisoner's trial - The Northwest Territories Court of Appeal stated that the lawyer was not entitled to be paid for time investigating the truth of the prisoner's story unless the client agreed to pay for such an investigation - The court stated that the client retains the lawyer's advocacy and not his judgment (see paragraph 9).

Cases Noticed:

Fairway Construction Ltd. v. Maguire, 71 W.W.R.(N.S.) 396, ref'd to. [para. 4].

Re Solicitor (1976), 3 C.P.C. 148 (Ont. C.A.), ref'd to. [para. 7].

Smith et al. v. McInnis, [1978] 2 S.C.R. 1360, ref'd to. [para. 7].

Milbourne v. Lawrence and Shaw, [1979] 5 W.W.R. 269, ref'd to. [para. 7].

Robins v. National Trust Co. Ltd., [1927] A.C. 515, ref'd to. [para. 7].

Rondel v. Worsely, [1966] 3 All E.R. 657, ref'd to. [para. 9].

Statutes Noticed:

Rules of Court (N.T.), rule 592, rule 593 [para. 7].

Counsel:

P.C. Fuglsang, for the appellant;

D.M. Cooper, for the respondent.

This appeal was heard by LIEBERMAN, McCLUNG and HARRADENCE, JJ.A., of the Northwest Territories Court of Appeal. The judgment of the Court of Appeal was delivered by McCLUNG, J.A., at Yellowknife, Northwest Territories on November 5, 1982.

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24 practice notes
  • Steinke et al. v. Hajduk Gibbs LLP, (2014) 581 A.R. 91 (QB)
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • October 30, 2013
    ...Fraser Milner Casgrain LLP v. Kristof Financial Inc. et al. (2012), 541 A.R. 245; 2012 ABQB 359, refd to. [para. 42]. Carter v. Blake (1982), 41 A.R. 418 (N.W.T.C.A.), refd to. [para. Alberta (Treasury Branches) v. 1401057 Alberta Ltd., [2014] A.R. TBEd. JA.061; 2013 ABQB 748, refd to. [par......
  • Ma v. Coyne, 2013 ABQB 426
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • February 6, 2013
    ...from a review officer's decision may find that the review officer made a finding of fact that is clearly in error: Carter v. Blake (1982), 41 AR 418 at para 7 (NWTCA) [" Carter "]. With respect to the latter point, a court hearing an appeal from a review officer's decision must exercise cau......
  • Ashraf v. Zinner Law Office, (2013) 578 A.R. 334 (QB)
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • September 13, 2013
    ...from a review officer's decision may find that the review officer made a finding of fact that is clearly in error: Carter v. Blake (1982), 41 AR 418 at para 7 (NWTCA) [" Carter "]. [18] With respect to the latter point, a court hearing an appeal from a review officer's decision must exercis......
  • Nichols v Field Law, 2018 ABQB 238
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • March 28, 2018
    ...from a review officer's decision may find that the review officer made a finding of fact that is clearly in error: Carter v. Blake (1982), 41 AR 418 at para 7 (NWTCA) [“Carter”]. 4 A more recent version of the standard of review in these matters can be found at para. 38 of Repchuk v. Silver......
  • Request a trial to view additional results
23 cases
  • Steinke et al. v. Hajduk Gibbs LLP, (2014) 581 A.R. 91 (QB)
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • October 30, 2013
    ...Fraser Milner Casgrain LLP v. Kristof Financial Inc. et al. (2012), 541 A.R. 245; 2012 ABQB 359, refd to. [para. 42]. Carter v. Blake (1982), 41 A.R. 418 (N.W.T.C.A.), refd to. [para. Alberta (Treasury Branches) v. 1401057 Alberta Ltd., [2014] A.R. TBEd. JA.061; 2013 ABQB 748, refd to. [par......
  • Rath & Co. v. Sweetgrass First Nation, (2013) 559 A.R. 12 (QB)
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • January 16, 2013
    ...(CA), Pentz v Salmon , 1996 CarswellAlta 320 at para 5, [1996] AWLD 496 (CA), Witten Binder at para 19 , FMC at para 17, Carter v Blake (1982), 41 AR 418 at para 7 (NWT CA). These are reversible errors. [28] In ascertaining value, the courts have again held that the review officer employs a......
  • Alberta (Treasury Branches) v. 1401057 Alberta Ltd. et al., 2013 ABQB 748
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • October 21, 2013
    ...1, footnote 1]. McLennan Ross v. Keen Industries Ltd. (1988), 86 A.R. 311 (C.A.), refd to. [para. 1, footnote 1]. Carter v. Blake (1982), 41 A.R. 418 (N.W.T.C.A.), refd to. [para. 16]. Repchuk v. Silverberg (2013), 563 A.R. 245; 2013 ABQB 305, refd to. [para. 16]. Fraser Milner Casgrain LLP......
  • Ma v. Coyne, 2013 ABQB 426
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • February 6, 2013
    ...from a review officer's decision may find that the review officer made a finding of fact that is clearly in error: Carter v. Blake (1982), 41 AR 418 at para 7 (NWTCA) [" Carter "]. With respect to the latter point, a court hearing an appeal from a review officer's decision must exercise cau......
  • Request a trial to view additional results

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