In a bitter and acrimonious litigation dispute, the client had already paid his solicitor over $100,000.00 when the solicitor demanded that the fee estimate for the full trial be paid in full and in advance. The client objected, but was required to pay the full amount to proceed with the trial.
The client was disappointed with the solicitor’s work at the trial and sought to have all of the accounts assessed. The solicitor objected, but the client proceeded to an assessment of costs and was successful. The solicitor retained his own counsel, who was successful in getting the assessment of costs set aside by determining that the solicitor’s account had been paid in full and that the client was not entitled to any reimbursement. Costs of both the assessment and the motion were awarded to the solicitor. The client retained us to appeal this decision.
We appealed the matter to the Ontario Court of Appeal.
The Assessment Officer’s decision was restored, resulting in a substantial refund of fees to the client, who was also awards costs of the assessment and of the appeal.