Can solicitor and client costs amount to full indemnity for all expenses incurred by a party in respect of a proceeding?

Newfoundland and Labrador, Canada


The following excerpt is from Holloway v. Holloway, 2001 NFCA 17 (CanLII):

Thus, solicitor and client costs can, and usually will, amount to full indemnity for all expenses incurred by a party in respect of a proceeding. It is only if there are other and special instructions or arrangements between a solicitor and client, that involve disbursements, charges or fees over and above those strictly necessary for the proper presentation of the proceeding, that solicitor and client costs would not represent full indemnification. In such a circumstance then, as Sinclair C.J. said in McCarthy v. Calgary Roman Catholic Separate School District No. 1 “the taxation between a solicitor and his client resolves itself into an assessment on the quantum meruit basis, into which all factors essential to fair play and justice enter”.

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