Supreme Court of Canada
Gundy v. Johnstone, (1913) 48 S.C.R. 516
Date: 1913-05-28
Gundy
and
Johnstone
1913: May 9, 28.
Present: Sir Charles Fitzpatrick C.J. and Idington, Duff, Anglin and Brodeur JJ.
ON APPEAL FROM THE APPELLATE DIVISION OF THE SUPREME COURT OF ONTARIO.
Solicitor and client—Special statute—Fixed sum for costs—Delivery of bill—“Solicitors’ Act,” 2 Geo. V. c. 28, s. 34.
APPEAL from a decision of the Appellate Division of the Supreme Court of Ontario, varying the judgment at the trial in favour of the defendant (respondent).
The plaintiffs, a firm of solicitors, were retained by the defendant in litigation between him and the Township of Tilbury East and in other matters. They succeeded in having a by-law of the township quashed with costs whereupon a special Act was passed by the legislature validating the by-law and ordering the township to pay defendant’s costs as between solicitor and client providing that “such costs are hereby fixed at eighteen hundred dollars.” The plaintiffs delivered to defendant a signed bill of their costs containing one item of $1,800 stated to be “settled by agreement between the parties and fixed by statute” and directed to be paid by the corporation to defendant, and detailed items amounting to $84. A month after delivery of the bill action was taken thereon and on the trial plaintiffs failed to prove any agreement in writing respecting the $1,800.
[Page 517]
The trial judge dismissed the action holding that the special Act did not relieve the plaintiffs from the necessity of complying with the terms of the “Solicitors Act” and delivering an itemized account of all services rendered. The Appellate Division varied this by giving judgment for the plaintiffs for the $84 details of which were given.
The plaintiffs appealed to the Supreme Court of Canada where, after argument and consideration by the court their appeal was dismissed.
Appeal dismissed with costs.
Ferguson for the appellants.
Houston K.C. for the respondent.
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