What is the result of an application for unpaid legal fees?

British Columbia, Canada


The following excerpt is from Wiebe Wittman El-Khatib LLP v. Franklin, 2018 BCCRT 739 (CanLII):

32. Given my findings above, I find the applicant has not proved it is entitled to payment of the outstanding balance as claimed. I note that even if I had found at least some of the invoice amounts were payable, I would not have awarded the 24% contractual interest claimed, as there is no evidence before me that the parties agreed to that interest rate. As noted above, there is no retainer agreement. As set out in MacAdams Law Firm v. Truong, 2014 BCSC 184, agreements for interest on outstanding legal fees must be unequivocal to be enforceable.

Other Questions


What is the legal test of legal sufficiency on an application to amend a pleading under Rule 9-5(1)(a)? (British Columbia, Canada)
Can a lawyer add an additional bonus to the legal fees paid to a client as a result of interim billing? (British Columbia, Canada)
What is the legal test for an application to compel the Court to consider a number of principles on an application? (British Columbia, Canada)
What are the legal principles applicable to an application to strike? (British Columbia, Canada)
What is the legal framework for an application to set aside a jury notice? (British Columbia, Canada)
What are the applicable legal principles for negligent police investigation? (British Columbia, Canada)
What is the legal test to dismiss an application under s.25(6) of the Criminal Code of Scotland for want of prosecution? (British Columbia, Canada)
What is the difference between a contingency fee agreement and a fee-for-service contract? (British Columbia, Canada)
What is the legal test for reducing the contingency fee payable to a law firm in a civil matter? (British Columbia, Canada)
Does a judge have a duty to hear an application where the adjudicator of the application has been found in error? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.