In what circumstances will a solicitor be required to pay a client by the hour?

British Columbia, Canada


The following excerpt is from Matthews v. Gilbert, 2014 BCSC 1430 (CanLII):

That is essentially the same provisions that I am now dealing with. In such circumstances, the mischief which concerns me in this case has not occurred. That mischief is the practice of getting a client to commit himself to pay by the hour (something which to me resembles giving a blank cheque), insisting on payment while the matter is in progress and the client is in the solicitor's hands, and then denying to the client any right to have the court say, upon the conclusion of the retainer whether within Yule v. Saskatoon, supra, the fees were just.

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