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Phrase of the Week | Instructing on Litigation

Instructing on Litigation



Berry v. Burniston | 2017 ABQB 77 | Alberta Court of Queen's Bench


In this context [of awarding fair and reasonable compensation to personal representatives], “instructing on litigation” is a responsibility of the personal representative, as recognized by s. 3(c) of Schedule 1 of the Surrogate Rules. In other words, when a personal representative instructs a lawyer, the cost of performance by the lawyer of certain tasks should not be also claimed by the personal representative: s. 7, Schedule 1, Surrogate Rules. Nonetheless, the personal representative is also entitled to compensation for having the responsibility of instructing the lawyer.

 

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