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Legal Profession Act, S.B.C. 1998, c. 9, ss. 73 and 76

  • Nature of Instrument: Certificate of a registrar of the Supreme Court, issued following the registrar’s review of a member’s bill for fees, charges, and disbursements.
  • Filed by or in Favour of: A person who has agreed to pay for legal services in a registry of the Supreme Court.
  • Effect of Registration: On the expiry of the time specified or allowed for an appeal under s. 75 of the Act, the certificate is the first step in acquiring a certificate of judgment from the court. A certificate of judgment is required to register a judgment under ss. 73 and 76 of the Act.

Note also that s. 79 of the Legal Profession Act provides as follows:

  • Lawyer’s right to costs out of property recovered
  • 79 (1) A lawyer who is retained to prosecute or defend a proceeding in a court or before a tribunal has a charge against any property that is recovered or preserved as a result of the proceeding for the proper fees, charges and disbursements of or in relation to the proceeding, including counsel fees.
  • (2) Subsection (1) applies whether or not the lawyer acted as counsel.
  • (3) The court that heard the proceeding or in which the proceeding is pending may order the review and payment of the fees, charges and disbursements out of the property as that court considers appropriate.
  • (4) Sections 70 to 73 apply to a review under subsection (3) of this section.
  • (5) If the proceeding referred to in subsection (1) was before a tribunal, the lawyer may apply to the court for an order under subsection (3).
  • (6) All acts done and conveyances made to defeat, or that operate or tend to defeat, the charge are void against the charge, unless made to a bona fide purchaser for value without notice.
  • (7) A proceeding for the purpose of realizing or enforcing a charge arising under this section may not be taken until after application has been made to the appropriate court for directions.

1998-9-79, effective December 31, 1998 (B.C. Reg. 473/98).

  • Registration Requirements: To register a charge under s. 79 of the Legal Profession Act, the registrar requires a Form 17 application and satisfactory supporting evidence, such as a declaration of the court, as to the existence of the charge. As an interim measure, a solicitor who asserts a charge may:
  1. initiate a proceeding to establish and enforce it and apply to register a certificate of pending litigation; or
  2. seek the approval of the registrar to lodge a caveat.
  • Electronic Submissions: On the Form 17 Charge, Notation or Filing, select Nature of Interest, Legal Profession Act, and attach an image of the judicial evidence such as a declaration of the court as to the existence of the charge.
  • Cross References and Other Sources of Information: See the decision of the Court of Appeal in Hosseini v. Oreck Chernoff, 1999 BCCA 386.