Case information

Law of professions — Lawyers — Fees — Application for review of lawyer’s bill — Appeal — Evidence — Fresh evidence — Whether the Court of Appeal erred in making a decision without reviewing the applicants’ materials — Whether the current law of evidence in adducing relevant fresh evidence is applicable to self-represented litigants — Whether courts should apply a contextual approach that recognizes self-represented litigants’ lack of understanding of court rules and procedures.

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

In the Supreme Court of British Columbia, the applicants requested that the court make a finding that special circumstances existed to allow a review of lawyers’ bills not contemplated by the time periods set out in s. 70(1) and (11) of the Legal Profession Act, S.B.C. 1998, c. (“LPA”). The chambers judge found that no special circumstances existed that would permit review for 10 of 14 bills rendered to the applicants by the respondent solicitors. In the result, the applicants were barred from seeking a review of 10 bills, but were permitted to proceed with a review of 4 unpaid bills, although the latter review was stayed pending the outcome of a related matter. The Court of Appeal unanimously dismissed the applicants’ application to adduce new evidence and dismissed their appeal.