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Jun 9, 2017

Supreme Court of Canada decision: Recovery of Professional Fees


The Supreme Court of Canada released the following decision:

Pellerin Savitz LLP v. Guindon, 2017 SCC 29, File no. 36915

(Prescription — Extinctive prescription — Beginning of prescription period — Action for recovery of lawyer’s professional fees — Fee agreement providing for 30‑day period for payment of invoices — Lawyer bringing action to claim unpaid fees after several invoices had been sent — Trial judge concluding that action was prescribed, because it had been instituted more than three years after date of each invoice — Court of Appeal instead holding that prescription had not begun to run until expiration of 30‑day period specified in fee agreement for payment of each invoice — Date when lawyer’s right to claim professional fees arose — Whether action is prescribed — Civil Code of Québec, art. 2880 para. 2)
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