Pidsosny v. Cook, 2001 MBQB 166
|Court:||Court of Queen's Bench of Manitoba|
|Case Date:||June 13, 2001|
|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:  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
June 13, 2001.
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.
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.
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