Court of Queen ’ s Bench of Alberta Citation: Lovatt LLP v. 708984 Alberta Ltd., 2011 ABQB 155 Date: 20110309 Docket: 0903 07812 Registry: Edmonton Between: Lovatt LLP Plaintiff - and - 708984 Alberta Ltd. Defendant _______________________________________________________ Memorandum of Decision of W. Breitkreuz, Master in Chambers _______________________________________________________ [ 1 ] This is an application by the applicant under

Part 10 of the Rules of Court to permit the certificate of taxation to be enforced as a judgment. [ 2 ] Both the applicant and the respondent have tendered sworn evidence. [ 3 ] The applicant’s evidence is the usual evidence in support of this type of application, namely what the services were and the amount billed for the services.

[ 4 ] There is no evidence of a retainer agreement. [ 5 ] The evidence of the respondent is in substantial conflict with the applicant’s evidence.

It is a long litany of complaints about the services performed, the lack of communication between solicitor and client, an assertion with figures in support that the cost of not defending would have been much less in the end result than defending the action, and perhaps most importantly, that the arrangement was that the fees would not exceed $5,000.00. [ 6 ] The bill submitted was $19, 665.35 and it was taxed down to $15,559.85. [ 7 ] In view of the conflicting evidence on substantial points, I am unable to grant the application, and it is therefore dismissed. Heard on the 31 st day of January, 2011.

Dated at the City of Edmonton, Alberta this 8 th day of March, 2011. W. Breitkreuz M.C.C.Q.B.A. Appearances: Craig Lupul Lovatt LLP for the Plaintiff Randy Ruggles for the Defendant