Costs 2020
Course Date: February 13, 2020
Total: 5h 25min
Total Ethics: 2h 6min
Course Date: February 13, 2020
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
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Slides: A Primer on Ordinary Costs: Entitlement and Manner of Assessment Issues
Paper: A Primer on Ordinary Costs: Entitlement and Manner of Assessment Issues
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