Crowe, Duhamel, Manning v. Allford, Provincial Court Judge, (1983) 45 A.R. 364 (QB)

• Judge: Holmes, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: April 18, 1983
• Citations: (1983), 45 A.R. 364 (QB)

Crowe, Duhamel, Manning v. Allford (1983), 45 A.R. 364 (QB)

MLB headnote and full text

Crowe, Duhamel, Manning v. Allford, Provincial Court Judge

(No. 8310-11131)

Indexed As: Crowe, Duhamel, Manning v. Allford, Provincial Court Judge

Alberta Court of Queen's Bench

Judicial District of Red Deer

Holmes, J.

April 18, 1983.

Summary:

A law firm applied to enter default judgment against two clients for unpaid legal fees. The Provincial Court judge refused to make a decision and adjourned the proceedings sine die. The law firm applied for an order of mandamus to require the Provincial Court judge to adjudicate on the application. The Alberta Court of Queen's Bench allowed the application.

Courts - Topic 8503

Provincial Courts - Alberta - Small claims court - Jurisdiction - A law firm applied to enter default judgment against two clients for unpaid legal fees - The Provincial Court judge refused to make a decision and adjourned the proceedings sine die - The law firm applied for an order of mandamus to require the Provincial Court judge to adjudicate on the claim - The Alberta Court of Queen's Bench allowed the application and ordered the Provincial Court judge to adjudicate on the application, because solicitors were entitled to sue for unpaid legal fees in the Small Claims Division of the Provincial Court - See paragraphs 2 to 6.

Barristers and Solicitors - Topic 3347

Compensation - Actions against clients - Default judgment - The Alberta Court of Queen's Bench held that Rule 626, which stated that a solicitor could not obtain default judgment against a client unless he had a court order, did not apply to applications for default judgment in the Small Claims Division of the Provincial Court - The court held that default judgment could be entered if the Provincial Court judge was satisfied that a solicitor had a "proper claim" - See paragraphs 7 to 14.

Cases Noticed:

Fowle, Todd & Co. v. Klassen and Stooz (1981), 31 A.R. 494, refd to. [para. 10].

Re a Solicitor (1955), 16 W.W.R.(N.S.) 463 (Man. Q.B.), refd to. [para. 15].

Statutes Noticed:

Legal Professions Act, R.S.A. 1980, c. L-9, sect. 91 [para. 5].

Provincial Court Act, R.S.A. 1980, c. P-20, sect. 36, sect. 37 [para. 6]; sect. 54(1) [para. 12]; sect. 73 [para. 7].

Rules of Court (Alta.), rule 626 [para. 7]; rule 647 [para. 11].

Counsel:

G.N. Feehan, for the applicant;

D.W. Kinloch, for the Attorney General.

This case was heard before HOLMES, J., of the Alberta Court of Queen's Bench, who delivered the following judgment on April 18, 1983.