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Provincial Courts Offer Help When a Lawyer's Bill Is Too High

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Originally a Special to THE GLOBE AND MAIL
This article applies to Canada only.

Clients who have been overcharged for legal work may find relief through the provincial government advocates generically known as "taxing courts."

Low profile, and indeed bordering on forgotten, the taxing courts are squirreled away in the provincial court systems, located in the Court of Queen's Bench (AB, MB, SK), Supreme Court (BC, NF, NS, PEI), or General Division (ON). Quebec and New Brunswick do not have taxing courts; the only organised means of recourse are the Law Societies, which are operated by lawyers.

While some complaints get token reductions or none at all, depending on the case and province, other clients have seen their bills plummet as much as fifty percent –with Ontario and the Western provinces being more aggressive on reductions.

As a rule of thumb, you should file the complaint within 30 days of the date of the final bill. Most provinces offer more leeway, and most have ways to get around the time limit –but 30 days should be the working assumption.

To initiate the process, gallop down to the courthouse and pick up the complaint form, write out a coherent complaint, and return the papers to the clerk with the filing fee, ranging from fifteen to fifty dollars. The clerk will provide you with a summons to serve your lawyer.

Nothing like litigation, the hearings are held within a few weeks of filing. These hearings are fairly informal, more likely in an office than a courtroom, with the emphasis on facts rather than points of law. Clients generally represent themselves.

The taxing officer (sometimes called a taxing master or assessment officer) hears both sides in fairly short order and makes a decision, usually on the spot. If he reduces the lawyer's bill, he issues the client a legally binding judgement.

There are limits to the tax courts' powers. They will probably find for the client if there is flagrant overbilling. Some taxing officers also find for the client if an inexperienced lawyer charged for excessive research.

But in cases where a competent lawyer gave it a vigorous try, and billed a rational number of hours, a taxing officer might not lower the bill no matter how disastrous the outcome. That is, the taxing officer is not prepared to say, "Your lawyer should have known the opposition had bribed the judge."

Nevertheless, taxing officers know how lawyers operate - and if they are not quite pit-bull consumer advocates, it is hard to go wrong for a fifty dollar filing fee.

Western Provinces and Ontario
The tables are incomplete because some taxing courts are quite bashful, particularly when discussing the percentage bills might be reduced, and because sometimes we don't do all our homework. Some telephone numbers may be dated.

British Columbia Alberta Saskatchewan Manitoba Ontario
Name of Officer Master or District Registrar Taxing Officer Taxing Officer Court Master Hearing Officer or Assessment Officer
Name of Court Supreme Court of B.C. Court of Queen's Bench Court of Queen's Bench Court of Queen's Bench General Division of provincial courts
Contact Registrar of B.C. Supreme Court Court of Queen's Bench Clerk Registrar of Court of Queen's Bench Court of Queen's Bench Clerk
To FIND the Contact Directory information Directory information Directory information 204/945-0344 In Toronto call 416/327-5440. Elsewhere call directory information.
Filing Cost $15.00 $50.00 $30.00 $53.00
Must file within 1 year of final bill 6 months of final bill, sometimes more 6 months of final bill 30 days of final bill
Extension of time limit available? usually yes usually yes possible
% of cases where bill is reduced 30-40% outside Toronto. Toronto facts inaccessible.
Largest Reduction 50%, rumour says much more 50% 20-50%, depending on officer
Quebec and Maritimes

Quebec New Brunswick Nova Scotia Newfoundland Prince Edward Island
Name of Officer No taxing courts. Law Society No taxing courts. Law Society review Taxing Master Master of Supreme Court Prothonatary of Supreme Court
Name of Court (Barreau de Quebec) review or litigation only formal recourses. Supreme Court Supreme Court Supreme Court
Contact or litigation only formal recourses. Court Clerk Registrar of Supreme Court
To FIND the Contact Barrister's Society recorded message lists Taxing Masters, call 902/422-1491 Law Society supplies a list of Taxing Masters, call 709/722-4741 902/368-6025
Filing Cost
Must file within
Extension of time limit available?
% of cases where bill is reduced 15%
Largest Reduction 25%

"Final bill" can be a nebulous concept. Think "30 days" and file SOON.





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