BORDEN LADNER GERVAIS LLP v CBI INVESTMENTS LTD, 2015 ABQB 442
10.11: Who may request review of lawyer’s charges
10.9: Reasonableness of retainer agreements and charges subject to review
The Plaintiff law firm sought to amend their Appointment for review of a retainer agreement to include two new Defendants in relation to an Assessment of legal fees. Master Farrington considered Rules 10.9 and 10.11, stating that the assessment process allows fee matters to be reviewed in a less public forum than in a civil Action. Master Farrington concluded that the proposed Defendants were not clients of the Plaintiff and declined to add them to the proceedings.
Master Farrington nevertheless reviewed the law pertaining to the amendment of pleadings. Master Farrington stated that the classic rule is that pleadings may be amended no matter how late or careless the party seeking to amend, subject to four major exceptions. The main exception is whether the amendment would cause serious prejudice, not compensable in Costs, to the opposing party. The Court found that there would have been prejudice to the new Defendants had the Application been allowed. The Application to amend the Appointment for review was dismissed.View CanLII Details