1534 Harwood Street (St. Pierre) Ltd. v. McTavish
Colin McTavish
Law Firm / Organization
Fraser Litigation Group
Lawyer(s)

Anna P.L. Moore

Jon Gray
Law Firm / Organization
Fraser Litigation Group
Lawyer(s)

Anna P.L. Moore

Shirley Giggey
Law Firm / Organization
Fraser Litigation Group
Lawyer(s)

Anna P.L. Moore

1534 Harwood Street (St. Pierre) Ltd.
Law Firm / Organization
Owen Bird Law Corporation
  • Facts: 1534 Harwood Street (St. Pierre) Ltd., the owner of a property, was a defendant in small claims actions by tenants disputing overcharges for operating costs, including legal fees. The company sought judicial review of a Provincial Court order demanding the production of law firm accounts.
  • Issue: Whether the Small Claims Court's interlocutory order for the production of legal accounts was appropriate, and how the legal fees charged to the tenants under the leases should be handled in terms of costs in the current proceedings.
  • Court’s Ruling: The Supreme Court of British Columbia quashed the Small Claims Court's order for immediate production of legal accounts, deciding that the production should be deferred until the core questions about the entitlement and reasonableness of legal fees charged to tenants were resolved.
  • Costs/Damages Awarded: The court awarded costs at Scale B to be paid by the respondents (tenants) to the petitioner (property owner), confirming that this award would not constitute double compensation since it would be net of any party-and-party costs recovered.
Supreme Court of British Columbia
S225494
Real estate
Petitioner