What is the test for establishing that a fee agreement is binding on disbursements?
British Columbia, Canada
The following excerpt is from Babb v. Doell, 2013 BCSC 2204 (CanLII):
At the commencement of submissions, I raised the fact that I had no evidence before me, such as was present in Franzman v. Munro, 2013 BCSC 1758, to base a claim for interest on disbursements. I did not have a copy of the fee agreement, nor did I have any evidence from the plaintiff or about her financial situation. Plaintiff’s counsel offered to take the stand to testify as to the fee agreement, but I felt the better course was to direct that a copy of the fee agreement be attached to an affidavit, the affidavit copied to defendants’ counsel with liberty for the parties to make further submissions after reviewing the agreement.
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