What is the test for reviewing a solicitor's bill under s.71.1(2) of the Legal Profession Act?

British Columbia, Canada


The following excerpt is from Birnie, Sturrock & Co. v. Farrell Estate Ltd., 1993 CanLII 1210 (BC CA):

23 In the case at bar, whether the registrar's decision is examined in light of Yule v. Saskatoon or the statutory code in s-s.71.1(2) of the Legal Profession Act, I think the result would be the same. In my view, where there is neither a contract of the kind described by the chambers judge nor a series of interim accounts based on the product of hourly rates and time spent, the registrar is not arbitrarily restricted in his review of a solicitor's bill by the fact that the apparent premium for success exceeds what has been heretofore allowed.

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