Troelstra v. Vos et al., 2005 SKQB 98

• Judge: Matheson, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: February 22, 2005
• Jurisdiction: Saskatchewan
• Citations: 2005 SKQB 98;(2005), 264 Sask.R. 123 (FD)

Troelstra v. Vos (2005), 264 Sask.R. 123 (FD)

MLB headnote and full text

Temp. Cite: [2005] Sask.R. TBEd. MR.015

Christina Troelstra (petitioner) v. Jan Arend Vos (respondent) and Merchant Law Group (applicant)

(2002 F.L.D. No. 226; 2005 SKQB 98)

Indexed As: Troelstra v. Vos et al.

Saskatchewan Court of Queen's Bench

Family Law Division

Judicial Centre of Regina

Matheson, J.

February 22, 2005.

Summary:

A husband and wife divorced. The wife, who resided in the Netherlands and had no assets in Saskatchewan, commenced an action in Saskatchewan against the husband to set aside an interspousal contract. By consent order, the proceedings were transferred to the Family Law Division. The husband applied for security for costs.

The Saskatchewan Court of Queen's Bench, Family Law Division, in a decision reported at 226 Sask.R. 148, ordered the wife to pay security for costs in the amount of $5,000 within 14 days of the examinations for discovery being scheduled and $2,000 within 14 days of the pre-trial conference being scheduled. On any application for further security, the husband would not be required to show that he could reasonably have anticipated that further security would be required. The court stayed further proceedings until security was provided. If the wife defaulted, her proceedings were to be dismissed with costs without further order unless the court, upon special application, ordered otherwise. The wife, who had been represented by Merchant Law Group, filed a notice of change of solicitors. Merchant Law Group applied for a charging order against the wife's new solicitors and the husband to the extent of unpaid legal fees.

The Saskatchewan Court of Queen's Bench, Family Law Division, allowed the application and granted an order charging the wife's claim against the husband, and any recovery therefrom, with the amount of the taxed solicitor and client account of Merchant Law Group.

Barristers and Solicitors - Topic 4784

Solicitor's lien - Charging orders - Circumstances when order will be made - Troelstra resided in the Netherlands and had no assets in Saskatchewan - She commenced an action in Saskatchewan against her former husband (Vos) to set aside an interspousal contract - Vos obtained an order for security for costs - Troelstra, who had been represented by Merchant Law Group, filed a notice of change of solicitors - Merchant Law Group applied for a charging order against Troelstra's new solicitors and Vos to the extent of unpaid legal fees - The Saskatchewan Court of Queen's Bench, Family Law Division, stated that Merchant Law Group had not recovered or preserved any property for the benefit of Troelstra - Therefore, there was no readily identifiable property which a charging order could attach pursuant to ss. 66(1) and 66(3) of the Legal Profession Act - However, there was precedent for extending charging orders to a chose in action - Accordingly, the court granted an order charging Troelstra's claim against Vos, and any recovery therefrom, with the amount of the taxed solicitor and client account of Merchant Law Group.

Cases Noticed:

Hall v. Laver (1842), 1 Hare 571; 66 E.R. 1158, refd to. [para. 6].

Lucas v. Peacock (1846), 9 Beav. 177; 50 E.R. 311, refd to. [para. 6].

Bloomaert v. Dunlop, [1930] 1 W.W.R. 270 (Sask. C.A.), refd to. [para. 8].

Tkach, Duchin & Bayda v. Wood and Fairhurst (1992), 99 Sask.R. 256 (Q.B.), refd to. [para. 9].

Doyle v. Keats (1990), 46 B.C.L.R.(2d) 54 (S.C. Master), refd to. [para. 13].

Client v. Law Firm (1999), 254 A.R. 169; 39 C.P.C.(4th) 378; 1999 ABQB 876, refd to. [para. 15].

Pino v. Vanroon et al. (1998), 80 O.T.C. 385 (Gen. Div.), refd to. [para. 16].

Statutes Noticed:

Legal Profession Act, S.S. 1990, c. L-10.1, sect. 66(1), sect. 66(3) [para. 9].

Authors and Works Noticed:

Black's Law Dictionary 7th Ed.), generally [para. 14].

Cordery on Solicitors (8th Ed. 1988), pp. 75, 236 [paras. 6, 7].

Counsel:

J.J. Vogel, for Christina Troelstra;

P.H.A. Korpan, for Jan Arend Vos;

E.F.A. Merchant, Q.C., for the Merchant Law Group.

This application was heard by Matheson, J., of the Saskatchewan Court of Queen's Bench, Family Law Division, Judicial Centre of Regina, who delivered the following judgment on February 22, 2005.