Pidsosny v. Cook, 2001 MBQB 166

• Court: Court of Queen's Bench of Manitoba (Canada)
• Case Date: June 13, 2001
• Jurisdiction: Manitoba
• Citations: 2001 MBQB 166;(2001), 157 Man.R.(2d) 198 (QBM)

Pidsosny v. Cook (2001), 157 Man.R.(2d) 198 (QBM)

MLB headnote and full text

Temp. Cite: [2001] Man.R.(2d) TBEd. JN.027

Volodymyr Pidsosny (applicant) v. Michael P. Cook (respondent)

(CI 01-01-23086; 2001 MBQB 166)

Indexed As: Pidsosny v. Cook

Manitoba Court of Queen's Bench

Winnipeg Centre

Lee, Master

June 13, 2001.

Summary:

The applicant obtained a reference order for an assessment of the legal account rendered by the respondent.

A Master of the Manitoba Court of Queen's Bench upheld the account.

Barristers and Solicitors - Topic 3319

Compensation - Measure of compensation - Respecting "unsuccessful" services - The applicant submitted that he retained the respondent lawyer to delete his probation order in its entirety - He also said that the court varied the probation order by terminating it but that this was not a deletion of the order as he wanted it completely erased - As a result, the applicant argued that the respondent was not entitled to the fee he charged - A Master of the Manitoba Court of Queen's Bench upheld the respondent's account where: (1) he had documented to the applicant that the applicable procedure under the Criminal Code was a variation; and (2) he had "clearly conveyed" to the applicant that a termination was what he had hoped to achieve and held out no expectation for a result which the applicant unreasonably seemed to think was achievable.

Counsel:

The applicant appeared in person;

Susan N. Kennedy, for the respondent.

This assessment of a lawyer's bill was heard by Lee, Master, of the Manitoba Court of Queen's Bench, Winnipeg Centre, who delivered the following report on June 13, 2001.