West and Siwak v. Caros Investments Ltd. et al., (1992) 101 Sask.R. 45 (QB)

• Judge: Gerein, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: February 12, 1992
• Jurisdiction: Saskatchewan
• Citations: (1992), 101 Sask.R. 45 (QB)

West v. Caros Inv. Ltd. (1992), 101 Sask.R. 45 (QB)

MLB headnote and full text

Philip E. West and Henry L. Siwak (plaintiffs/applicants) and Caros Investments Ltd. and Cas's Plumbing and Heating (1975) Ltd. (defendants/respondents) and Zatlyn & Holash (garnishee)

(No. 547 A.D. 1991)

Indexed As: West and Siwak v. Caros Investments Ltd. et al.

Saskatchewan Court of Queen's Bench

Judicial Centre of Prince Albert

Gerein, J.

February 12, 1992.

Summary:

In 1982, two lawyers commenced an action on behalf of the defendants and pursued it through discovery. The defendants dis­charged the lawyers and retained new coun­sel who settled the action for the sum of $15,000. The lawyers applied under s. 66(1) of the Legal Profession Act for a lien or charge against the settlement monies for the amount of their outstanding accounts.

The Saskatchewan Court of Queen's Bench granted the charge.

Barristers and Solicitors - Topic 4704

Solicitor's lien - General and definitions - When available - Two lawyers com­menced an action on behalf of the defend­ants and pursued it through discovery - The defendants discharged the lawyers and retained new counsel who settled the action for $15,000 - The lawyers applied under s. 66(1) of the Legal Profession Act for a lien or charge against the settlement monies for the amount of their outstanding accounts - The Saskatchewan Court of Queen's Bench granted the charge - The court held the property need not be recovered solely through the efforts of one lawyer or law firm, it was sufficient if the re­covery was effected in part through their efforts.

Cases Noticed:

Tkach, Duchin & Bayda v. Wood (1992), 99 Sask.R. 256 (Q.B.), appld. [para. 5].

Wellman v. Jerome (1967), 63 D.L.R.(2d) 530, refd to. [para. 10].

Appleton et al. v. Hawes et al. (1991), 46 C.P.C.(2d) 107, consd. [para. 11].

R. v. Ironchild (1984), 30 Sask.R. 269, refd to. [para. 17].

Bilson v. University of Saskatchewn, [1984] 4 W.W.R. 238; 33 Sask.R. 1 (C.A.), refd to. [para. 17].

Statutes Noticed:

Legal Profession Act, S.S. 1990-91, c. L-10.1, sect. 66(1) [para. 1].

Counsel:

P.E. West, Q.C., for the plaintiffs;

M.J. Holash, for the defendants.

This application was heard before Gerein, J., of the Saskatchewan Court of Queen's Bench, Judicial Centre of Prince Albert, who delivered the following decision on February 12, 1992.