A. Toor

The applicant solicitor brought a motion to strike the respondent former client's affidavit and to vacate two orders for the assessment of his legal accounts, citing the respondent's refusal to answer questions on cross-examination and delay in scheduling the assessment.

The court dismissed the motion, finding that the applicant had already received adequate medical and financial disclosure, the questions refused were largely irrelevant, and the delay was partly attributable to the respondent's medical issues, the applicant's own numerous motions, and the COVID-19 pandemic.

The respondent was ordered to set an assessment date and the applicant was ordered to pay $5,000 in costs.

The moving party solicitor sought to set aside an assessment order and dismiss the responding party client's claims regarding disputed legal accounts, alleging delay and non-compliance with previous interlocutory orders.

The court found that the client had substantially complied with the orders, noting that the solicitor's own delay in producing detailed dockets contributed to the timeline.

The court dismissed the motion to set aside the assessment order or compel discovery, and instead issued directions to govern the upcoming assessment hearing.