Jessica Lau applied for a review of the Retainer Agreement and lawyer's charges by Dentons Canada LLP, alleging overcharging and procedural unfairness.
A Review Officer initially allowed the legal fees and charges at $115,972.58, with an outstanding amount of $49,600.01.
Lau appealed the Review Officer's decision, questioning the reasonableness of the fees and the fairness of the hearing process.
Legal Issues
Did the Review Officer err in assessing the reasonableness of the legal fees and charges?
Was the hearing procedurally fair?
Should the Review Officer's decision be confirmed, varied, or revoked?
Decision
The court found that the Review Officer's decision was largely correct regarding the reasonableness of the fees.
However, the court noted a procedural error: the Review Officer made his decision before allowing the Applicant to fully present her concerns about the billings.
Despite the procedural error, the court decided that the legal fees, including the final three invoices, were reasonable and confirmed the decision of the Review Officer.
The appeal was dismissed, and the original decision was upheld with a judgment amount of $49,600.01 plus costs.
Costs Awarded
The Respondent was awarded costs totaling $2,685:
$1,000 for the contested review before the Review Officer.
$1,685 for the contested application requiring a written brief.
