The applicant law firm brought a motion seeking a declaration that the respondent abandoned her motion to challenge the retainer agreement in an assessment proceeding concerning unpaid legal fees.
The respondent served a notice of motion in May 2023 but failed to file it with the court or book a hearing date for over two years, despite repeated follow-up communications from the applicant.
The court found that while the respondent's conduct was deleterious, she did not demonstrate an intention to abandon the motion.
The court granted the respondent a final opportunity to file and serve her motion record with a return date by November 21, 2025, with the warning that failure to do so would result in the motion being deemed abandoned.
The court awarded costs of $12,000 to the applicant.
