What is the impact of agency work performed by a solicitor on a party-and-party costs claim?
Canada (Federal), Canada
The following excerpt is from Halme v. Caisse Populaire De Hearst Limitee, 2011 FC 916 (CanLII):
I am in agreement with counsel for the Applicants. I find that the agency work performed was work which could have been completed by counsel. Although agency work of this type may be prudent and warranted as between solicitor and own client, it is not allowable in party-and-party costs which are limited by partial indemnity (see: Bayer AG v. Apotex Inc., [2002] F.C.J. No. 1693). For these reasons, I find that, for the purposes of this assessment, the payment for agency work is to be considered as a counsel fee which is included in the claim under Item 2 for which 4 units have been previously allowed.
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