Bertram Family Trust v Felesky Flynn LLP
Bertram Family Trust
Law Firm / Organization
Rackel Belzil LLP
Lawyer(s)

Matt A. Pruski

1548199 Alberta Ltd.
Law Firm / Organization
Rackel Belzil LLP
Lawyer(s)

Matt A. Pruski

Tammy Bertram
Law Firm / Organization
Rackel Belzil LLP
Lawyer(s)

Matt A. Pruski

Robert Bertram
Law Firm / Organization
Rackel Belzil LLP
Lawyer(s)

Matt A. Pruski

Felesky Flynn LLP

Issues and Background

  • Appeal: Appellants contested the Review Officer's decision reducing a legal bill by $100,000, seeking full negation of the fees and refunds for overpaid amounts.
  • Engagements: In 2017, Respondent provided tax planning for the Appellants’ business sale, governed by an eight-page retainer agreement. The plan did not proceed, and in 2021, the same terms applied when the sale was revisited.
  • Fees Dispute: Appellants paid interim invoices but disputed the final 2021 invoice of $750,000, arguing it exceeded hourly rates agreed upon in 2017.

Review Officer's Decision

  • Hearing Date: November 1, 2022
  • Findings: The Review Officer found the retainer agreement valid and the final fee reasonable based on results and other factors, but reduced the fee by $100,000 due to overbilling and other considerations.

Court's Decision

  • Jurisdiction and Fairness: The court found the Review Officer acted within his authority and conducted a fair hearing.
  • Final Ruling: The court further reduced the fee by $3,925 + GST for additional overbilling, affirming the rest of the Review Officer’s decision. The Respondent was awarded costs, with interest on outstanding fees.
  • amount for costs was not specified.
Court of King's Bench of Alberta
2203 09727
Civil litigation
Respondent