CLE Online

Welcome and Introduction

Greg T. Palm — Palm & Company Legal Counsel, Surrey

Costs of Litigation

A. The Current Offer to Settle Regime: What We Have Learned in the Infant Years

• complying (substantially) with formal requirements
• assessing the reasonableness of offers to settle
• the comparison of the parties’ financial circumstances
• offers to settle multiple actions or actions involving multiple parties

Ryan W. Parsons — Eyford Macaulay Shaw & Padmanabhan LLP, Vancouver

B. Orders For Costs Against Lawyers

• current and historical framework for such orders
• conduct that may result in an award
• issues of solicitor-client privilege
• is the frequency increasing (and if so, why?)

John W. Horn, QC — Ramsay Lampman Rhodes, Nanaimo

Networking Break

C. Costs Assessments: Current Issues and Common Missteps

• improving bills of costs
• properly preparing for the assessment
• commonly misunderstood tariff items
• disbursements: overhead item or recoverable direct cost?
• recoverability of borrowing costs incurred to fund litigation

Registrar Kathryn S. Sainty — Supreme Court of British Columbia, Vancouver

Lunch (provided)—For And Against Rule 9-1: A Lunchtime Debate

The Honourable Mr. Justice Nathan H. Smith — Supreme Court of British Columbia, Vancouver
Peter C.P. Behie, QC — Ramsay Lampman Rhodes, Nanaimo
Gordon Turriff, QC — Stikeman Elliott LLP, Vancouver

Costs as Between Lawyer and Client

A. Limiting Disputes by Documenting and Explaining Retainer Terms

• the importance of recording terms
• common issues relating to retainer terms and how to solve them
• the lawyer’s duty to advise—offsetting the disparity in bargaining power
• avoiding examinations (or at least positioning yourself to defend them)

Greg T. Palm — Palm & Company Legal Counsel, Surrey

B. Entire Retainers: Quit or Get Paid, Not Both (Usually?)

• the entire contract principle, and whether it remains intact
• the consequences of withdrawal
• what constitutes “cause” for withdrawal
• withdrawal for financial reasons

Gordon D. Phillips — Phillips & Company, Vancouver

Networking Break

C. Not Quite All About Lawyers' Liens and Charging Orders

• using and losing possessory liens
• the misunderstood common law lien on fruits of litigation
• charging orders by statute
• priority issues
• acting for clients facing lien claims

Gordon Turriff, QC — Stikeman Elliott LLP, Vancouver

Concluding Remarks

Greg T. Palm — Palm & Company Legal Counsel, Surrey