gov-Injustice: Be Self-employed ?sure right a way

Tuesday, May 20, 2008

Be Self-employed ?sure right a way

Here a case where the Judge knew Mr.Mcleod was Self-employed and paid him ?

following compensation;

Would you say the Government is behind This abuse?

the pubic will pay the Lawyers? and the Judges to?

a) the sum of $10,340.00 as market value for the lands expropriated.

the sum of $3,000.00 as reimbursement for the owners time.

But look what the Lawyers and the total appraisal account of $28,750.00.

c) the sum of $72,825.06 within a reasonable time.

For the Lawyers Reasonable time ? what about Mr.Mcleod reasonable time.? Go back to the start of this case? Mcleod only wanted $100,000.for his Property to be gain with?

Was this a make work program or what/?

But look who pays ?

yes you got it?

The taxpayers of New Brunswick to take Mcleod Self-employment a way?

With respect to the first item, I have reviewed the authorities which have been provided by counsel. I believe it is fair to say that such an allowance is not the norm and usually only permitted in unusual circumstance. While I agree that Mr. McLeod is self-employed and time away from work has a direct impact, the applicants have not proved their actual costs or expense. They arbitrarily suggest 300 hours at $20.00. There is no proof of either the hours or the hourly rate except to say that there were eight days of trial and eight days of discovery. That being said I believe that some compensation is appropriate. See: Glenlea 75 Servicentre Ltd. v. NBDOT (2) (1993) 52 L.C.R. 70; Smith v. The Queen(1984) 31 L.C.R. 172; see also Lohnes et al v. Town of Mahone Bay (1983) 28 L.C.R. 338.

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. While this too could be argued as a matter of costs, I felt it was appropriate to deal with the matter now.

John B.logan started working for Government in 2001?

COSTS AND INTEREST

As mentioned above, Counsel for the Province has requested that any award of costs be held in abeyance until my decision. Counsel wished to address the Court on this issue. Section 50(1) provides the amount of interest applicable. As well, there was a small amount of interest due when the Province tendered the original $5,300.00. This could all be dealt with by agreement or when counsel argues costs.

ORDER

I therefore order that, the Province of New Brunswick pay to Richard Winslow McLeod and Shirley McLeod the following compensation;

a) the sum of $10,340.00 as market value for the lands expropriated.

b) the sum of $18,500.00 for injurious affection to the remaining lands.

c) the sum of $3,700.00 as a business disturbance cost resulting from the expropriation.

d) the sum of $3,000.00 as reimbursement for the owners time.

e) costs and interest to be determined following argument.

George S. Rideout

Judge of the Court of Queen's Bench of New Brunswick

February 25, 2000

Finally there is the matter of the interest cost incurred by Mr. McLeod to pay a portion of the appraisers fees. I am of the view that this is not an appropriate expense. The Province will be paying interest on the amount awarded which is sufficient and the appraiser and the lawyers should wait for their fees because they are almost guaranteed their reasonable fees under the legislation.

As I indicated earlier, I intend to give a global figure for legal and appraisal cost which I believe to be reasonable in this case. I find that $55,000.00 is an appropriate amount for legal fees. Added to that amount would be H.S.T. and the allowable expenses outlined above makes the total $72,825.06. I have considered the appraisal costs and conclude that the sum of $25,000.00 inclusive of expenses plus H.S.T. is reasonable and appropriate which makes a total appraisal account of $28,750.00.

Notwithstanding that the client hopes to pass on all of the expert’s account to the expropriating authority, the authority is usually only responsible for paying all “reasonable” accounts of experts. There may be excess charges in the expert’s account which are not recoverable from the authority and which may well have to be borne by the client. This, too, needs to be stipulated in the retainer agreement. What is reasonable must be distinguished from what is excessive, i.e. not recoverable even from the client.

I found that the legal and appraisal cost were excessive. Consequently the cost not approved herein should not be recoverable from the McLeods.

DISPOSITION

I order the Province of New Brunswick pay the following to Richard Winslow McLeod and Shirley Lynn McLeod.

a) the sum of $362.25 on or before June 30, 2000.

b) the sum of $15, 228.84 on or before June 30, 2000.

c) the sum of $72,825.06 within a reasonable time.

d) the sum of $28,750.00 within a reasonable time.

________________________

George S. Rideout

Justice of the Court of Queen's Bench of New Brunswick

June 22, 2000

Moncton, N.B. ? what a rip-off