Does the wording in a plaintiff’s engagement letter constitute a contract?
British Columbia, Canada
The following excerpt is from Presley & Partners v. Kwakiutl Indian Band et al S, 2000 BCSC 1846 (CanLII):
The defendants’ counsel argues that the wording in the plaintiff’s engagement letter is even more uncertain than the letter in Chamberlain, supra. Further, a fee arrangement which permits one party to impose unilateral discretionary increases, is not a contract because there is no certainty as to an essential ingredient; the fee which will be charged: Moir v. Trenciansky, [1989] B.C.J. No. 564 (Q.L.) (B.C.S.C.), Shaw J. Accordingly, the most the plaintiff firm can do is to claim on a quantum meruit.
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