How have the courts in BC dealt with disbursements to a solicitor's retainer?
British Columbia, Canada
The following excerpt is from Sagert v Cascade Law Corporation, 2020 BCSC 484 (CanLII):
The petitioner refers to two other authorities. In Ashurst v. Wilson, 2000 BCSC 901, Justice Boyle ordered delivery of the client’s file without payment of the disbursements, referring to the fact that the retainer agreement was silent as to the timing of payment of disbursements. After referring to the practice that disbursements are paid prior to delivery of the file to a new solicitor, he held as follows:
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