What is the legal background to s. 71 of the Legal Profession Act?

British Columbia, Canada


The following excerpt is from Krahn (Re), 2014 BCSC 2003 (CanLII):

The following passage from Yule v. Saskatoon (City) (1955) 1955 CanLII 186 (SK QB), 16 W.W.R. 305, affirmed, Yule v Saskatoon (City) (No 4) 1 D.R.L. (2d) 540 (Sask CA),provides the judicial background to s. 71 of the Legal Profession Act:

In fixing the remuneration of the plaintiff in this case all factors essential to justice and fair play must be taken into account: Re Solicitor (1920) reflex, 47 OLR 522, affirmed on appeal, reflex, 48 OLR 363. The circumstances to be considered in arriving at the proper amount are the extent and character of the services rendered; the labour, time and trouble involved; the character and importance of the litigation in which the services were rendered; the amount of money or the value of the property to be affected; the professional skill and experience called for; the character and standing in his profession of the counsel; the results secured, and to some extent at least the ability of the client to pay: Murphy v. Corry (1906) 7 OWR 363.

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