What is the burden of proving a solicitor’s retainer?

British Columbia, Canada


The following excerpt is from Winstanley v. Oldaker and Monk, 2006 BCSC 1246 (CanLII):

The difficulty I am faced with is determining in an equitable manner whether the solicitor did or did not exceed his retainer. It is trite law, I believe, that the solicitor has the burden of proving his retainer and the terms of it. See Kay v. O’Niell, (1998) 78 A.C.W.S. (3d) 178.

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