Birch Narrows Dene Nation v Duboff Edwards Schachter Law Corporation

canada, canadian, case law, court opinion, canlii, skca, 2026skca79, 2026 skca 79 (canlii), 2026, skca, 79, (canlii), cacv4446, 2026, evidence, expert evidence, admissibility, whether expert opinion on fairness and reasonableness of counsel fee met mohan and white burgess thresholds, necessity and relevance in fee assessment proceedings, qualifications and gatekeeping discretion on appeal, chambers judge’s independent analysis not usurped, opinion evidence admitted, admission of expert evidence confirmed, professional responsibility, lawyers’ fees, quantum meruit, was a quantum meruit assessment under the yule‑zipchen factors available given the retainer and the legal professions act, 1990 ss. 64, 67?, second retainer found with reduced rates and additional counsel fee, client protection through fairness review emphasised, quantum meruit framework properly applied, quantum meruit analysis upheld, professional responsibility, lawyers’ fees, agreements with clients, could the unenforceable oral agreement regarding a counsel fee be considered when assessing fairness and reasonableness?, distinction between enforceability and weight in assessment, parties’ understandings and expectations as a factor, consideration permissible within yule‑zipchen analysis, consideration of oral agreement permitted, professional responsibility, lawyers’ fees, assessment of amount, was $4 million a fair and reasonable counsel fee inclusive of outstanding fees and disbursements?, results achieved, risk undertaken, complexity, responsibility, skill and time expended analysed, comparison to similar cases, reduction from billed amount ordered in chambers, assessment to $4 million upheld on appeal, appeal dismissed