What is the test for determining fees and disbursements under s.71 of the Legal Profession Act?
British Columbia, Canada
The following excerpt is from Finch v. Finch, 2001 BCSC 125 (CanLII):
Prior to hearing this application, I had drawn the parties’ attention to Coad v. Rizk, (supra). In a letter dated May 16, 2000, I said” “In light of Coad v. Rizk, it is my view that the parties must appear and present evidence upon which I may review the agreement itself in order to determine whether it was fair and reasonable and then, even if I find the agreement to be fair and reasonable, proceed to determine what fees and disbursements to allow based on the factors in s.71 of the Legal Profession Act.”
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