Wednesday, January 09, 2008

Patterson Law

Solicitors for the McLeods have provided the court with their detailed legal account plus the accounts of the real estate appraiser. However they have not supplied any affidavit evidence verifying the costs only their expenses. In their correspondence to the court the solicitors outline their request as follows:

We submit the total amount payable to Patterson, Palmer, Hunt, Murphy in trust is broken down as follows:

The amount of the court order


Appraisal finance charges


SNB Wood Cooperative


Interest at 30% [6% for five years]


Patterson, Palmer, Hunt, Murphy


W.H. Goodwin account




Less amount paid per statutory offer



There were a few aspects of this matter which were resolved prior to the actual hearing on costs and interest. The McLeods hired the SNB Wood Cooperative to evaluate the wood on the 24 acres expropriated. Their cost was $362.25. The Province has agreed to pay this sum.

In my award of $35,540.00 was included the sum of $3,000.00 as reimbursement of Mr. McLeod’s time as he is self-employed on his woodlot. I said in my reason as follows:

Therefore, admittedly on a somewhat arbitrary basis I would allow 200 hours at $15.00. the rate has been accepted in other cases and 200 hours seems reasonable. This would result in compensation of $3,000.00. . .

The McLeods argue that Mr. McLeod would be entitled to interest on this amount.

At the hearing of this matter the parties agreed to all other aspects of interest except for the interest on the $3,000.00. It was agreed that the outstanding interest (save the interest on the $3,000.00) as well as the $3,000.00 would total

$15,228.89. However, the

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