The applicant client sought payment of funds held in trust following an assessment of a solicitor's account at nil.
The respondent law firm brought a cross-motion seeking to rely on a previous notice of motion or, alternatively, an extension of time to appeal the Superseding Report and Certificate of Assessment.
The court held that the law firm could not rely on its previous motion, which had been fully disposed of.
However, applying the factors for extending the time to appeal, the court granted the law firm an extension on the conditions that it serve its notice of motion, transfer the disputed funds to the applicant's counsel in trust, and pay the costs of the motion.
