Digest: Merchant Law Group LLP v Arseneau, 2018 SKQB 94

• Date: March 22, 2018

Reported as: 2018 SKQB 94

Docket Number: QB17478 , QBG 91/18 JCR

Court: Court of Queen's Bench

Date: 2018-03-22

Judges:

• Leurer

Subjects:

• Professions and Occupations � Lawyers � Fees ��Assessment
• Barristers and Solicitors � Compensation � Taxation � Limitation Period

Digest: The applicant law firm sought an order pursuant to s. 67 of The Legal Profession Act, 1990 (LPA) directing an assessment with respect to an unpaid account in order to permit it to pursue enforcement procedures. The respondent then applied for an order directing an assessment of the account that she had paid. The applicant had represented the respondent in matrimonial litigation. There was no retainer agreement or letter respecting the arrangements, but the respondent maintained the applicant had told her that the cost of legal services would be capped at $10,000, an allegation that the applicant denied. Over the course of its representation of the respondent, it rendered three accounts, the first for $9,945, the second for $6,700 and the last for $2,170. The first account was paid in full in October 2016 but the two last remained unpaid. As the respondent�s application was beyond the limitation of 30 days provided by s. 67(1)(a)(i) of the LPA, the issue was whether it was in the interests of justice to allow the assessment.
HELD: The applications by the law firm and the respondent were granted. The court ordered that the Local Registrar of the Court of Queen�s Bench assess the three bills issued by the law firm. The court found that under s. 67(1)(a)(iii) of the LPA that it was in the interests of justice to allow the assessment requested by the respondent. The court found that the strongest reason to refer the first account for assessment was its relationship to the subsequent accounts that were proceeding to assessment. The first account and the second unpaid account both dealt with the same interlocutory proceedings and overlapped in terms of time. It would impossible to assess the fairness of the second account as requested by the applicant without considering the first account.

Statutes Considered:

• Legal Profession Act, 1990, SS 1990-91, c L-10.1, s 67
• Legal Profession Act, 1990, SS 1990-91, c L-10.1, s 69
• Legal Profession Act...