The Lawyers Weekly - February 24, 2012

Columbia Supreme Court, P. W. Walker
J., January 12, 2012.

COLLECTIVE AGREEMENTS –
Civil actions – When available.

Application by the defendants, the
Board of Governors of Northern Lakes
College, Haas and Stanford, to strike the
plaintiff’s statement of claim on jurisdic-
tional grounds. The plaintiff was hired in
August 2008 as an instructor at the Col-
lege on a probationary basis. The College
was a public college incorporated pursu-
ant to the Post-Secondary Learning Act.
The College was party to a collective agree-
ment with its Faculty Association. The
plaintiff was terminated from his employ-
ment in January 2009 and was provided
with two weeks’ pay in lieu of notice. He
attempted to grieve his termination, but
the Association refused to pursue the
grievance. The plaintiff sued for construct-
ive dismissal and breaches of the collective
agreement. In his statement of claim, the
plaintiff alleged that his supervisor, Stan-
ford, harassed him regarding employment
matters. The plaintiff alleged that Haas, a
vice president at the College, disclosed a
defamatory statement in his personal file
to the president of the Faculty Association.
The defendants sought to strike the claim
on the basis that the legislative scheme
under the Post-Secondary Learning Act
and the collective agreement gave exclu-
sive jurisdiction to a labour arbitrator. The
individual defendants submitted that the
statement of claim disclosed no cause of
action as against them.

LEGAL PROFESSION

BARRISTERS AND SOLICITORS – Retention of counsel – Duties with respect to retainer – Termination of retainer – Compensation – Agreement for fees – Form of agreement – Taxation or assessment of accounts.

Application by the solicitor for review of six outstanding accounts totalling $62,292. The clients had already paid

$55,803. As these were interim accounts, the three-month limitation period for review did not apply. The clients purchased a home and alleged the vendor made misrepresentations about its condition. The solicitor, who was experienced in land use litigation, advised the clients that his fees were $350 per hour and he did not take contingency cases. The clients and the solicitor discussed seeking rescission of the contract or staying in the home and seeking damages. The clients elected to do the latter. After the initial meeting, the solicitor provided the clients with a letter agreeing to act for them, listing his hourly rate, and estimating discovery costs of $20,000. The clients were asked to sign and return a copy of the letter. The clients performed extensive renovations on the home, more than they would have been able to recover from the vendor. The clients began to regret their election but the solicitor advised them that rescission was no longer an available remedy. The clients continued paying

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edition examines this continually evolving fra
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† Pre-payment required for first-time purchasers. Price and other details are subject to change without notice. We pay shipping and accompanies order. LexisNexis and the Knowledge Burst logo are registered trademarks of Reed Elsev licence. Butterworths is a registered trademark of Reed Elsevier (U. K.) Limited an products or services may be trademarks or registered trademarks of their respec Canada Inc. All rights reserved.