MACPHERSON LESLIE & TYERMAN LLP v MOLL, 2014 ABCA 45
CÔTÉ, CONRAD and COSTIGAN JJA
10.18: Reference to Court
10.19: Review officer’s decision
10.20: Enforcement of review officer’s decision
10.26: Appeal to judge
The Respondent, MacPherson Leslie & Tyerman LLP (“MLT”), previously provided legal services to the Appellant, Marianne Moll (“Moll”), and subsequently had the legal invoices reviewed by a Review Officer (the “Review”). The Review Officer issued a Certificate of Review and no Appeal was launched therefrom.
MLT then applied to a Master to allow for enforcement of the Certificate of Review. That Application was granted, and Moll then appealed it to a Queen’s Bench Justice. That Appeal was dismissed, and then Moll appealed to the Court of Appeal.
Moll argued that her insurer, not herself personally, was liable for the legal invoices issued by MLT. The Court noted that a Review Officer must refer questions arising from the terms of a Retainer Agreement to the Court, but held that this argument had not been raised at the Review, and the time for Appeal of the Review had expired. The Application was dismissed.View CanLII Details