Landru et al. v. Inter City Contractors Ltd. et al., (1987) 59 Sask.R. 10 (QB)

• Judge: McLellan, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: April 13, 1987
• Jurisdiction: Saskatchewan
• Citations: (1987), 59 Sask.R. 10 (QB)

Landru v. Inter City Contractors Ltd. (1987), 59 Sask.R. 10 (QB)

MLB headnote and full text

Leroy Wallace Landru and Dilys Mary Landru (plaintiffs) v. Inter City Contractors Ltd. and John Holowka (defendants) and Gibraltar General Insurance Company (third party)

(No. 743 A.D. 1985)

Indexed As: Landru et al. v. Inter City Contractors Ltd. et al.

Saskatchewan Court of Queen's Bench

Judicial Centre of Regina

McLellan, J.

April 13, 1987.

Summary:

Inter City Contractors Ltd. (Inter City) entered into an agreement with the Landrus for the construction of a house. The agreement specified that there was no guarantee for cracks and heaving. Within one year of the Landrus taking possession of the house, there was cracking and heaving in the basement floor. The Landrus brought an action against Inter City, seeking the cost of replacing the basement floor and refinishing the basement. Inter City brought a third party claim against its insurer.

The Saskatchewan Court of Queen's Bench, in a decision reported in 54 Sask.R. 53, allowed the action and the third party claim. The court held that Inter City breached the terms and conditions of the contract, because it did not construct the building in a good, substantial or workmanlike manner. The court held that the exemption clause did not relieve Inter City from its covenant to build in a good and workmanlike manner.

The defendants and the third party agreed, inter alia, that solicitor-client costs were recoverable by the defendants against the third party on the main action. The parties were unable to agree on an appropriate amount for the solicitor and client costs and requested the court to decide that issue.

The Saskatchewan Court of Queen's Bench fixed the defendants' solicitor-client costs payable by the third party at $10,000.00 plus disbursements.

Practice - Topic 7403

Costs - Solicitor and client costs - Solicitor and client v. solicitor and his own client costs - A third party was ordered to indemnify the defendant - The parties agreed that the defendant could recover solicitor-client costs against the third party on the main action - The Saskatchewan Court of Queen's Bench distinguished between costs taxed as between solicitor and client and as between a solicitor and his own client - The court agreed that the defendant was not entitled to full indemnification of its solicitor's fees - The court stated that the distinction was more a matter of the extent and the necessity of the services rendered rather than in the value of the identical services - See paragraphs 13 to 18.

Practice - Topic 7422

Costs - Solicitor and client costs - Measure of - Reasonable charges - Reasonably performed - A third party was ordered to indemnify the defendant - The parties agreed that the defendant could recover solicitor-client costs against the third party on the main action - The plaintiffs' claim was for $60,000.00 - The defendant's original solicitor, a lawyer with considerable experience, charged $4,925.00 for fees from the commencement of proceedings until the eve of trial - The new solicitor, who took over a month before trial, claimed $19,772.00 in fees - The new lawyer attributed 80% of the total time expended to the main action and 20% to the third party claim - The trial lasted five days - The Saskatchewan Court of Queen's Bench held that a fairer and more reasonable fee for the new lawyer was $10,000.00 - See paragraphs 17 to 24.

Cases Noticed:

Braun et al. v. Thiessen, [1972] 5 W.W.R. 114, refd to. [para. 20].

Re Solicitors, [1911] 2 O.W.N. 596, refd to. [para. 20].

Statutes Noticed:

Rules of Court (Sask.), Queen's Bench Rules, rule 565 [para. 5].

Counsel:

G.E. Murphy, for the defendants;

M. Megaw, for the third party.

This case was heard before McLellan, J., of the Saskatchewan Court of Queen's Bench, Judicial Centre of Regina, whose decision was delivered on April 13, 1987.