Witten LLP v. Arsenault, 2006 ABPC 29

• Judge: Ingram, P.C.J.
• Court: Provincial Court of Alberta (Canada)
• Case Date: December 20, 2005
• Citations: 2006 ABPC 29;(2006), 393 A.R. 216 (PC)

Witten LLP v. Arsenault (2006), 393 A.R. 216 (PC)

MLB headnote and full text

Temp. Cite: [2006] A.R. TBEd. FE.042

Witten LLP (plaintiff) v. Alan D. Arsenault and Maria A. Arsenault (defendants)

(P0590301356; 2006 ABPC 29)

Indexed As: Witten LLP v. Arsenault

Alberta Provincial Court

Ingram, P.C.J.

January 17, 2006.

Summary:

A law firm sued its former clients for payment of $9,068.06 and interest for professional legal services. In a dispute note, the clients alleged that the law firm was negligent, failed to follow instructions and the legal services were substandard. The matter was referred to a pretrial conference. Due to an administrative error, the clients were unable to appear. The pretrial conference judge struck the dispute note. The clients applied to reinstate the dispute note. The parties also sought directions as to what was the appropriate next step.

The Alberta Provincial Court allowed the application and reinstated the clients' dispute note.  The court directed that the parties proceed to the taxation of the account pursuant to rule 626 of the Rules of Court (Alta.).

Barristers and Solicitors - Topic 3241.1

Compensation - Taxation or assessment of accounts - When available - A law firm sued its former clients for payment of $9,068.06 and interest for professional legal services - The clients filed a dispute notice - The parties sought directions as to what was the appropriate next step - The Alberta Provincial Court directed that the parties proceed to the taxation of the account pursuant to rule 626 of the Rules of Court (Alta.) - While a lawyer could choose the forum, that is, the Provincial Court rather than the Court of Queen's Bench, the client lost the ability to have the solicitor's account subject to taxation - While the Provincial Court was a creature of statute and did not have "inherent" jurisdiction, it did have the jurisdiction provided by s. 8 the Provincial Court Act to apply the Rules of Court - Further, the Provincial Court could apply the Rules where no specific practice or procedure of the court was available to ensure an expeditious and inexpensive resolution of a matter before the court - The matters raised by the clients were entirely appropriate for determination by the taxing office - Rule 626 should apply to all accounts between lawyers and their clients both in the Court of Queen's Bench and the Provincial Court.

Barristers and Solicitors - Topic 3243

Compensation - Taxation or assessment of accounts - Jurisdiction - [See Barristers and Solicitors - Topic 3241.1 ].

Courts - Topic 8405

Provincial courts - Alberta - Provincial court - Jurisdiction - [See Barristers and Solicitors - Topic 3241.1 ].

Practice - Topic 6

General principles and definitions - Application of practice rules - [See Barristers and Solicitors - Topic 3241.1 ].

Cases Noticed:

P. and S. v. Legal Aid Society of Alberta (1994), 164 A.R. 208 (Q.B.), refd to. [para. 9].

Murska Management (1969) Ltd. v. Flesher (1990), 118 A.R. 251 (Prov. Ct.), refd to. [para. 15].

Crowe, Duhamel, Manning v. Allford, Provincial Court Judge (1983), 45 A.R. 364 (Q.B.), refd to. [para. 17].

Pollick (Robert) Professional Corp. et al. v. Badiuk, [1997] A.R. Uned. 364 (Q.B.), refd to. [para. 28].

Statutes Noticed:

Rules of Court (Alta.), rule 626 [para. 14].

Authors and Works Noticed:

Fradsham, Allen A., Annotated Alberta Rules of Court (2006), p. 1251 [para. 15].

Stevenson, William A., and Côté, Jean A., Civil Procedure Encyclopedia, (2003), vol. 4, p. 82-69 [para. 15].

Counsel:

John Frame (Witten LLP), for the plaintiff;

Alan Arsenault, on his own behalf.

This application was heard on December 20, 2005, by Ingram, P.C.J., of the Alberta Provincial Court, who delivered the following decision on January 17, 2006.