What are the factors used to determine whether a client's accounts should be taxed?
Alberta, Canada
The following excerpt is from Prophet River First Nation v. Rath & Company, 2011 ABQB 408 (CanLII):
A number of factors were suggested by Read J. of this Court in Poundmakers Lodge v. Scott & Company 2002 ABQB 745 at para. 13: a. Did the delay in filing the taxation cause prejudice to the solicitor? b. When did the client express the intent to tax the accounts? c. Were the accounts part of a continuing file and therefore interim accounts? d. Is there evidence that there was an overcharging and that it is just and equitable that the accounts be taxed?
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