Alexis Kerr

The appellant law firm appealed an order regarding the assessment of its legal accounts to its former client.

The Court of Appeal found that a combination of a letter and a voicemail message constituted a concluded agreement between the parties for the payment of the account.

As part of this agreement, the client waived her right to have the account assessed.

The appeal was allowed, the lower court order was set aside, and the client was ordered to pay the outstanding account of $32,384.87 plus costs.

The appellant law firm appealed to obtain a charging order over certain assets belonging to its former client, the respondent, for unpaid legal fees.

The Court of Appeal dismissed the appeal, finding that the law firm's services were not instrumental in obtaining the funds ultimately recovered.

Furthermore, there was no evidence that the respondent could not or would not pay the account, as she had undertaken to pay the assessment award within thirty days.