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On May 18, 2016, Legal Feeds – the official Blog of the Canadian Lawyer and Law Times – quoted Ben Hanuka about a very important new Divisional Court decision (Cozzi v. Heerdegen) relating to lawyers’ fee disputes.
In the case, the court held that in regular non-contingency matters, the much backlogged lawyer-client assessment procedure is not mandatory under the Solicitors Act. The court held that the Small Claims Court has jurisdiction to deal with lawyers’ fee disputes involving regular retainers, and that it is open for parties in such cases to pursue disputes either through an assessment or the Small Claims Court.
The decision reopens the doors to pursue fee collections in the Small Claims Court. Since the 2014 decision in Jane Conte v. Smith, it was widely believed that all legal fees disputes had to be pursued exclusively through the assessment procedure.
The new decision applies a liberal interpretation to poorly drafted sections in the Solicitors Act, to hold that the assessment procedure is only mandatory in contingency retainers.
In the article, Ben commented about the problems that the earlier Jane Conte decision created in how it was interpreted, the merits of the new decision in resolving a set of poorly drafted and ambiguous provisions in the Solicitors Act, and the practical way in which the decision resolved this issue.
For more information about Law Works’ expertise and how we may be able to help you, please contact Ben Hanuka at https://www.lawworks.ca/book-a-consultation or by phone at 855-978-5293.
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Ben Hanuka
JD, LLM, CS (Civ Lit), FCIArb, of the Ontario and BC Bars
Highlights:
- JD, LLM (Osgoode '96, '15), C.S. in Civ Lit (LSO), Fellow of CIArb, member of the Bars of Ontario ('98) and BC ('17)
- Principal of Law Works PC (Ontario)/LC (British Columbia)
- Acted as counsel in many leading franchise court decisions in Ontario over the past twenty-five years, including appellate decisions.
- Provided expert opinions in and outside Ontario
- Presented at and chaired numerous franchise and civil litigation CPD programs for over 20 years
- Chair of OBA Professional Development (2005-2006) - overseeing all PD programs
- Chair of Civil Litigation Section, OBA (2004-2005)
Notable Cases:
Mendoza v. Active Tire & Auto Inc., 2017 ONCA 471
1159607 Ontario v. Country Style Food Services, 2012 ONSC 881 (SCJ)
1518628 Ontario Inc. v. Tutor Time Learning Centres LLC (2006), 150 A.C.W.S. (3d) 93 (SCJ, Commercial List)
Bekah v. Three for One Pizza (2003), 67 O.R. (3d) 305, [2003] O.J. No. 4002 (SCJ)
