Costs 2020


Course Date: February 13, 2020

Full Course Materials
Total: 5h 25min
Total Ethics: 2h 6min
Course Agenda ▼

Welcome and Land Acknowledgement

Greg Palm — Hamilton Duncan, Surrey

COSTS AS BETWEEN PARTIES

Ordinary Costs: Entitlement and Manner of Assessment

  • costs to follow the event and "substantial success"
  • departure from the usual rule
  • scales of costs and their applicability
  • "uplift" costs under s. 2(5) of Appendix B

David A. Hunter — Hamilton Duncan, Surrey

Special Costs: Entitlement and Assessment Issues

  • the impact, if any, of pre-litigation conduct
  • litigation conduct that might attract special costs
  • how are special costs assessed?
  • disclosure and proof vs. the lawyer-client privilege

Taylor-Marie Young — Rush Ihas Hardwick LLP, Kelowna

Break

Not Just a Formality: Offers to Settle and their Cost Related Consequences

  • understanding the exercise of the court's discretion
  • reasonableness of offers and the incentive to settle
  • unlisted but potentially relevant factors
  • handling the application: applicant vs. respondent

Alexander D.C. Kask — Guild Yule LLP, Vancouver

Prosecuting and Defending a Costs Assessment

  • preparing a quality bill of costs
  • documenting objections
  • the assessment process
  • understanding the tariff
  • disbursement issues

Christopher J. Hope — Lindsay LLP, Vancouver

Networking Lunch (provided)

COSTS AS BETWEEN LAWYER AND CLIENT

Documenting and Explaining Retainer Terms

  • essential terms as to fees and payment timing
  • avoiding future problems by addressing them up front
  • some lesser known, but important, issues
  • the duty to advise and how to discharge it

Andrew P. Morrison — Shields Harney, Vancouver

Protecting Remuneration when the Relationship Ends

  • withdrawal issues
  • possessory (retaining) liens
  • liens and charges on litigation proceeds
  • avoid prejudicing your own claim

Greg Palm — Hamilton Duncan, Surrey

Break

Legal Profession Act Reviews: Perspectives from the Court and Counsel

  • using the pre-hearing conference effectively
  • preparing for the hearing
  • conducting the hearing

Andrew P. Morrison — Shields Harney, Vancouver
Registrar Scott A. Nielsen — Supreme Court of BC, Vancouver
Greg Palm — Hamilton Duncan, Surrey

Closing Remarks

Greg Palm — Hamilton Duncan, Surrey