Joyce Ling, H&L Lawyer, Helps Client Secure More than $130,000 through Reimbursement of Legal Costs from a Four-Year Family Trial

By: Alfonso Chen (Articled Student)

In an article published on June 8, 2018 by the Vancouver Sun, columnist Ian Mulgrew wrote about an assessment of special costs for a four year family trial that burdened a husband “hugely financially and emotionally”, and “was protracted by the ‘mendacity and manipulations’ of the wife who lied repeatedly under oath, fabricated financial documents and refused to accept any reasonable settlement”. Based on the wife’s reprehensible and scandalous conduct at the family trial, Justice Bernard ordered special costs against the wife. On paragraph 3 of the costs judgment, J.M.S. v Y.S., 2017 BCSC 59, Justice Bernard provided that:

The trial – indeed, the entirety of the litigation process – was seriously tainted by the wife’s ongoing deceit and orchestration of events to further her personal objectives. To add insult to injury, the wife accused the husband of paranoia in relation to his suspicions that she was “setting him up” and altering financial documents; these were, eventually, demonstrated to have been well-founded suspicions.

Joyce Ling, of Henderson & Lee Law Corporation, was the husband’s lawyer for the cost assessment hearing for special costs, to determine the reasonableness of the fees paid by the husband for the entire litigation process. If they were found to be reasonable and proper, then the legal fees, disbursements and taxes will be paid by the wife to the husband. The costs hearing assessment took place over the course of five days.

Ms. Ling advocated for the full 100% of the legal fees, disbursements and taxes to be reimbursed to the husband. Instead of being awarded a portion of the trial costs, which is common in special costs cases, the husband was awarded the full 100% of his trial costs claimed, of $104,172.48. Ms. Ling was successful in establishing that all the legal fees, disbursements and taxes paid were reasonable and proper. As well, a majority of the father’s costs for the cost assessment hearing was also ordered to be reimbursed.

The judgment of the hearing, J.M.C. v Y.S., 2018 BCSC 915, concluded on paragraph 66, that:

The total award of special costs is therefore $133,672.48 consisting of $104,172.48 in special costs in relation to the family law case and $29,500 in special costs to the special costs assessment.

Costs associated with litigation are often unpredictable and dependent on other parties’ conduct during the litigation process, whether they be those of the opposing party or those of third parties. If you have any questions, please do not hesitate to contact us.

Link to the Vancouver Sun Article: http://vancouversun.com/news/local-news/ian-mulgrew-b-c-divorcees-scandalous-and-outrageous-conduct-blasted-by-judge

Link to the Assessment of Special Costs: http://www.courts.gov.bc.ca/jdb-txt/sc/18/09/2018BCSC0915.htm

Link to Joyce Ling’s page: http://www.hendersonleelaw.com/legal-team/joyceling/

 

 

Receptionist/Office Administrative Assistant WANTED in Henderson & Lee Law Corporation

Henderson & Lee Law Corporation has immediate opening for one Full-time Receptionist / Office Admin at our Burnaby office located next to Metrotown Mall.

Job responsibilities include answering phone calls, taking messages, copying and faxing documents, managing incoming emails, answering general inquires, opening and organizing files, entering data into PC Law, receiving payment, managing lawyers’ calendar, booking appointments, preparing routine correspondences, and completing standard forms, and other general duties of a typical law office.

This is a one-year contract position, commencing Middle of June or begining of July of 2018 and is renewable at the end of the term. Conversational Cantonese is an asset but not mandatory.

The ideal candidate shall have the following qualifications:

  • Minimal one-year office work experiences in a professional setting
  • Minimal one-year formal education in law, accounting, or other office training program
  • Strong verbal communication skills in both English and Mandarin
  • Efficient and accurate writing skills in English and Mandarin
  • This job focuses assisting lawyers whose clients primarily speak Mandarin; therefore, the ability to speak, read and write Mandarin is essential.
  • Being able to manage multiple files with shifting priorities
  • Experience of PC Law is an asset but not mandatory
  • Experience in Civil Rules of BC/Family Rules of BC/Criminal Law/WESA is an asset but not mandatory
  • Fast learner
  • Ability to follow deadlines
  • Ability to deal extreme stressful situation

We offer above average remuneration and group medical benefit.

Job Type: Full-time

Language:

  • Mandarin
  • Cantonese(preferred but not mandatory)

Please apply this position through our Indeed information page:

https://ca.indeed.com/viewjob?t=receptionistoffice+assistant&jk=8ba2d1c6dacd4277&_ga=2.179494818.721972257.1528134465-1906939250.1499971144