Lawyer Jamie Eddy

I have been told the Government or bureaucrats have the system set up for only the well connected people such as Appraisers and Lawyers to make money from property owner losses.

What do you Think?

In this case, the Province alleges that the firm which represented the Applicants agreed not to charge them any amount for legal fees. Instead, the firm would recover their fees from the Province under the provisions of the Act. Such an agreement could have a number of deleterious effects, such as:

1. The Applicants would have little reason to settle;

2. The lawyers would have little reason to encourage settlement;

3. The lawyers would not monitor their fees as they would in other litigation matters;

4. There would be a tendency to make extravagant, tenuous claims;

5. If the Applicants were advised that the claims had merit, they would be disappointed in the result;

6. Experts would be encouraged to inflate their valuations;

7. Court time and resources would be wasted;

8. The cost of public works would escalate.

[37] As stated above, counsel for the Applicants says that the Court does not have jurisdiction to consider the firm’s arrangement with the clients. I agree that the validity and the enforceability of those contracts are not before the Court; however, I do not agree that they are not relevant. At the very least, they may explain why these matters got so out of hand.

[38] In these cases, there were extravagant, tenuous claims made and little or no attempt was made to prove them. Recovery was far less than the amount claimed and the expert evidence offered was discredited. The Applicants received less than was offered by the Province. Against this background, lawyers for the Applicants have submitted time and disbursement records in the following amounts:

Rankin - $77,935.36 (The claim was for $146,300. The award was $10,433)

Rowan - $68,087.42 (The claim was for $88,347.70. The award was $11,497)

THE ACCOUNTS

[39] In Rankin, two offices of the law firm were involved. At the Nova Scotia office, ten individuals billed time to the file, six of whom spent four or more hours. The lead counsel, who is an expert in expropriation matters, billed 190 hours to the file. The total number of hours spent in Nova Scotia is 256.6 hours. In addition, in New Brunswick at least four others billed time to the file for a total of 58 hours. In all, the two offices are claiming fees of $58,885.60. I repeat, Mrs. Rankin was awarded $10,433.

[40] In light of all the factors discussed above, I find that the time spent was excessive and the bill is unreasonable. I therefore award the following costs:

1. Legal fees $20,000.00 plus HST

2. Disbursements (as agreed) $ 5,864.14

3. All disbursement paid directly by Mrs. Rankin contained at Tab B of Douglas Caldwell’s affidavit will be paid to Mrs. Rankin.

[41] In Rowan, again, two offices of the firm were involved and numerous individuals in each office billed time to the file. Lead counsel billed 114 hours and the two offices together billed 283.1 hours. From approximately February 2003, that is, almost two years before trial, the Parties intended to conduct the two trials together. In all, the two offices are claiming $52,226.50 in legal fees. Again, I find the time spent was excessive and the fees are unreasonable. I therefore award the following costs:

1. Legal fees $17,500.00 plus HST

2. Disbursements as agreed $ 5,590.69

3. All disbursements paid directly by the Rowans contained at Tab B of Douglas Caldwell’s affidavit will be paid to Mr. and Mrs. Rowan.