My Aunt is trying to instruct a lawyer (NOT a paralegal) to know her prospects of success, particularly to avoid adverse costs, before suing a large corporation for damages of $6000 CAD. Aunt shall not file a claim, if her prospects fall way under the balance of probabilities. Aunt emailed and phoned at least 30 law firms in Vancouver, in vain! Here are responses from 5 different firms. The others just never replied!
Even as a junior associate, my hourly rate shall eat into your claim. I cannot provide value for a $6000 claim.
Unfortunately, we do not accept new retainers just for Small Claims. We would act in Small Claims Court merely for existing clients.
Our firm has a retainer policy of $5000. Retaining us does not appear cost efficient to you.
Technically, I can help you out. But my retainer is $3000, and I am not comfortable with you spending this money on me.
Even though you are in Vancouver, we understand why you reached out. You are right that our hourly rates are lower, as our firm is located in the countryside. We do advise clients merely by telephone and Zoom. But we do not act for matters that happened in Vancouver.
We are not interested in taking this matter on.
But then how did the private individuals in these apex court cases find lawyer(s) to represent them, when their quantum was ≤ $900 CAD adjusted for inflation? What is my Aunt doing wrong?
In The Queen v. Savage [1983] 2 SCR 428, 1983 CanLII 32 (SCC), the quantum was $300 CAD. But Savage was represented by
Alan Schwartz, for the respondent.
In Attorney General (Ontario) v. Fatehi, 1984 CanLII 85 (SCC), [1984] 2 SCR 536, the quantum was $300 CAD. But Fatehi (Defendant) (Respondent) was represented by
Brian H. Wheatley, Q.C., and Peter A. Daley, for the respondent.
In ParkingEye v Beavis [2015] UKSC 67, the quantum was £50. But Beavis was represented by 3 English barristers and a solicitor firm — John de Waal QC, David Lewis, Ryan Hocking, instructed by Harcus Sinclair.