Costs and Legal Fees 2023/24: Part 1

Course Chair
Greg Palm — Hamilton Duncan Law Corporation, Surrey

About the Course Chair
Greg Palm is a co-managing partner at Hamilton Duncan Law Corporation in Surrey and the chair of that firm's civil and commercial litigation practice group. His practice focuses on commercial disputes, real estate litigation, collections and foreclosures and employment law, but also includes a significant amount of work for lawyers and law firms, as well as their clients, in relation to disputes about legal fees and related matters and disputes over the costs of litigation.

Greg is a former member of the CLEBC board of directors, is a contributing author and editorial board member for the CLEBC publication Practice Before the Registrar and has authored the chapter on "Costs" in CLEBC's Annual Review of Law and Practice from 2007 to 2013 and the chapter on "Lawyers' Remuneration" from 2007 to the present time. He was also a member of the former Fee Review Working Group for the Law Society of BC, is a past president of the Surrey Bar Association, and is a former member of the Provincial Council of the CBA, BC Branch and a past chair of its Professional Issues Committee.

Greg holds a Bachelor of Business Administration from SFU and a Bachelor of Laws from UBC. He was called to the BC bar in 2001.

Faculty
Master Scott A. Nielsen — Supreme Court of BC, New Westminster
Andrew P. Morrison — Shields Harney, Vancouver

Click here for full faculty bios

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Practice Before the Registrar 

Know what to expect at your registrar’s hearing 

This publication is essential for: anyone requiring guidance for appearing before a master or registrar in BC

Current to: May 1, 2023

Faced with a hearing before a Supreme Court or Court of Appeal registrar and don't know what to do? Turn to Practice Before the Registrar for guidance from the Registrars themselves and from experienced practitioners. Learn when and why to seek a hearing, the procedure to get your hearing, what happens at the hearing, and steps to take after the hearing. With clear discussions of the law and procedure and 80 sample forms, this resource will help you smoothly navigate the many types of hearings before the registrar, from costs assessments, family law references, bankruptcy matters, and settling orders to reviews and appeals.

With this resource, you will be able to:

• understand when to go before a registrar in your client's case
• efficiently prepare for a registrar's hearing
• confidently advocate at a registrar's hearing with knowledge of practice and procedure

Highlights of the 2023 update:

• case law (BCCA)
  • court's modification or cancellation of unfair or unreasonable lawyer's agreement for payment for services
  • award or denial of trial costs at Court of Appeal
  • assessment of special costs at Court of Appeal
  • strictness of appeal book completion instructions
  • conditional terms for discharge of bankrupt
• case law (BCSC)
  • special costs under the family law tariff
  • limitation period in case of contingency fee agreement
  • whether double costs are available in a Legal Profession Act review
  • court-directed family law references to the registrar
  • early disclosure of financial records when passing estate accounts
  • registrar's jurisdiction to settle an order made at a judicial case conference

"As Registrar, the most common saying I hear is 'I've never done [a registrar's hearing] before.' The manual puts you in the position of knowing what needs to be done. Essentially, [Practice Before the Registrar] provides a measure of experience in a single volume." – Scott A. Nielsen, Registrar, Supreme Court of BC

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Plus TC&D: The Assessment of Costs and Disbursements in Motor Vehicle Injury Litigation

Be confident that the units and disbursements in your bills of costs will be allowed

This book is essential for: anyone involved in personal injury litigation arising from motor vehicle accidents

Current to: June 1, 2022

Plus TC&D: The Assessment of Costs and Disbursements in Motor Vehicle Injury Litigation is your must-have tool for preparing bills of costs under the tariff in Appendix B of the Supreme Court Civil Rules. It is the answer to all of your cost questions, from the number of units to claim under the ranges in the tariff, to which disbursements will be allowed by an assessor. Plus TC&D contains the most recent cases on each tariff item and specific disbursements selected by authors Christopher J. Hope and Kathryn S. Sainty, KC.

With Plus TC&D, you will be able to:

• draft bills of costs more quickly and confidently
• advise your clients of the risks of incurring certain disbursements
• easily access the case law you need to persuade the other party or assessor of the appropriateness of your costs claims

The 6th edition of Plus TC&D is current to June 1, 2022. Highlights of this edition include:

• discussion of limits on recover of disbursements under the Evidence Act and the Disbursements and Expert Evidence Regulation
• new case annotations of the following decisions:
• Armstrong v. Lakeridge Resort Ltd., 2017 ONSC 6565
• D.Z. v. R.H.Z., 2021 BCSC 689 (Master)
• Ieraci v. Gallo, 2016 BCSC 1611 (Registrar)
• Kakavelakis v. Boutsakis, 2021 BCSC 1656 (Registrar)
• LeRoy v. Timberwest Forest Corp., 2021 BCSC 2346 (Registrar)
• McGill v. Jansen, 2020 BCSC 1124 (Master)
• Northwest Organics, Limited Partnership and Northwest Group Properties Inc. v. Roest, 2020 BCSC 372 (Registrar)
• Stewart v. Wood, 2019 ONSC 3931

"An extraordinarily valuable tool for litigators ... user friendly and well-organized. It provides a quick reference to Appendix B on tariff items and disbursements." - Terrence L. Robertson, KC

"When it comes to TC&D, you want to know the accurate answer, fast and efficiently. There's no better place than this book. If you are a plaintiff's lawyer, you need to buy this book. In fact, you might want to buy one for defence counsel too." - Daniel Corrin

"This manual on costs and disbursements is practical, readable, well-organized, and useful. Use it to prepare your bill of costs, and carry it with you when you attend an assessment." - Ian Aikenhead, KC

Course Introduction and Land Acknowledgement (9:00 – 9:05)

Raymond Lee — Program Lawyer, CLEBC, Vancouver
Greg Palm — Hamilton Duncan Law Corporation, Surrey

Documenting and Explaining Retainer Terms (9:05 – 9:50)

Andrew P. Morrison — Shields Harney LLP, Vancouver

BREAK (9:50 – 9:55)

Protecting Remuneration When the Relationship Ends (9:55 – 10:40)

Greg Palm — Hamilton Duncan Law Corporation, Surrey

BREAK (10:40 – 10:45)

Legal Profession Act Reviews (10:45 – 11:45)

Master Scott A. Nielsen — Supreme Court of BC, New Westminster
Andrew P. Morrison — Shields Harney, Vancouver
Greg Palm — Hamilton Duncan Law Corporation, Surrey

Concluding Remarks (11:45 – 11:50)

Greg Palm — Hamilton Duncan Law Corporation, Surrey