Mura v. Daniels (Archer) Midland Co. et al., 2003 BCSC 1164
| Judge | Goepel, J. |
| Court | Supreme Court of British Columbia (Canada) |
| Case Date | June 24, 2003 |
| Jurisdiction | British Columbia |
| Citations | 2003 BCSC 1164;[2003] B.C.T.C. 1164 (SC) |
Mura v. Daniels Midland Co., [2003] B.C.T.C. 1164 (SC)
MLB headnote and full text
Temp. Cite: [2003] B.C.T.C. TBEd. AU.033
Peter Mura (plaintiff) v. Archer Daniels Midland Company, Ajinomoto Hearland Inc., Sewon America Inc. and Biokyowa Inc. (defendants)
(S024333; 2003 BCSC 1164)
Indexed As: Mura v. Daniels (Archer) Midland Co. et al.
British Columbia Supreme Court
Vancouver
Goepel, J.
July 23, 2003.
Summary:
This headnote contains no summary.
Barristers and Solicitors - Topic 3311
Compensation - Measure of compensation - Class actions - See paragraphs 1 to 13.
Cases Noticed:
Price v. Roberts & Muir (1987), 19 B.C.L.R.(2d) 275 (C.A.), refd to. [para. 8].
Endean v. Canadian Red Cross Society et al., [2000] B.C.T.C. 436; 78 B.C.L.R.(3d) 28 (S.C.), refd to. [para. 10].
Commonwealth Investors Syndicate Ltd. v. Laxton et al. (1994), 48 B.C.A.C. 206; 78 W.A.C. 206; 117 D.L.R.(4th) 382; 94 B.C.L.R.(2d) 177 (C.A.), leave to appeal dismissed (1994), 189 N.R. 319; 64 B.C.A.C. 80; 105 W.A.C. 80; 120 D.L.R.(4th) vii (S.C.C.), refd to. [para. 10].
Statutes Noticed:
Class Proceedings Act, R.S.B.C. 1996, c. 50, sect. 38(1), sect. 38(2), sect. 38(3), sect. 38(7) [para. 4].
Counsel:
J.M. Poyner and K.J. Baxter, for the plaintiff;
No one appeared for the defendants.
This action was heard at New Westminster, British Columbia, on June 24, 2003, before Goepel, J., of the British Columbia Supreme Court, who delivered the following decision on July 23, 2003.
Please note: The following judgment has not been edited.
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Shagoras Enterprises Ltd. v. Lindsay Kenney, LLP, [2008] B.C.T.C. Uned. 589
...something that is written in sand which can be washed away by the shifting tides of litigation": Mura v Archer Daniels Midland Company, 2003 BCSC 1164. [127] The Client bears the onus of proving that the Law Firm gave a "true estimate" as defined in Price v. Roberts and Muir. [128] The Law ......
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MacAdams Law Firm v. Truong et al., [2014] B.C.T.C. Uned. 184 (SC Reg.)
...which can be washed away by the shifting tides of litigation": Mura v. Archer Daniels Midland Co. (2003), 18 B.C.L.R. (4th) 194, 2003 BCSC 1164 (S.C.), at para. 8. However, estimates are also not guarantees or warranties that the work will be performed for the amount specified: Price v......
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Kemp v. Ross,
...written in sand which can be washed away by the shifting tides of litigation. See Mura v. Archer Daniels Midland Company et al., 2003 BCSC 1164, at para. [70] If a fee estimate is used to lure the client into a retainer agreement, only to be tossed aside later as fees escalate, this would b......
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Davis & Co. v. Jiwan et al., 2007 BCSC 1775
...in sand which can be washed away by the shifting tides of litigation:" Mura v. Archer Daniels Midland Co. (2003), 18 B.C.L.R. (4th) 194, 2003 BCSC 1164 at ¶8. [164] That being said, estimates are also not guarantees or warranties that the work will be performed for the amount specified: Pri......
-
Shagoras Enterprises Ltd. v. Lindsay Kenney, LLP, [2008] B.C.T.C. Uned. 589
...something that is written in sand which can be washed away by the shifting tides of litigation": Mura v Archer Daniels Midland Company, 2003 BCSC 1164. [127] The Client bears the onus of proving that the Law Firm gave a "true estimate" as defined in Price v. Roberts and Muir. [128] The Law ......
-
MacAdams Law Firm v. Truong et al., [2014] B.C.T.C. Uned. 184 (SC Reg.)
...which can be washed away by the shifting tides of litigation": Mura v. Archer Daniels Midland Co. (2003), 18 B.C.L.R. (4th) 194, 2003 BCSC 1164 (S.C.), at para. 8. However, estimates are also not guarantees or warranties that the work will be performed for the amount specified: Price v......
-
Kemp v. Ross,
...written in sand which can be washed away by the shifting tides of litigation. See Mura v. Archer Daniels Midland Company et al., 2003 BCSC 1164, at para. [70] If a fee estimate is used to lure the client into a retainer agreement, only to be tossed aside later as fees escalate, this would b......
-
Davis & Co. v. Jiwan et al., 2007 BCSC 1775
...in sand which can be washed away by the shifting tides of litigation:" Mura v. Archer Daniels Midland Co. (2003), 18 B.C.L.R. (4th) 194, 2003 BCSC 1164 at ¶8. [164] That being said, estimates are also not guarantees or warranties that the work will be performed for the amount specified: Pri......