C.D. Braid

The applicant, a former client, brought an application under the Solicitors Act to assess the accounts of his former criminal defence lawyer.

The application was converted to a trial of an issue.

The applicant claimed he had paid a $20,000 cash retainer that was not credited, and that the lawyer provided inadequate representation.

The court rejected the applicant's evidence as unreliable and accepted the lawyer's evidence that no cash retainer was paid.

Because the accounts were delivered more than a month prior and mostly paid, the applicant had to demonstrate special circumstances to justify an assessment.

The court found no special circumstances and dismissed the application.

Following the successful summary dismissal of six actions for accident benefits as statute-barred, the defendant insurer sought costs.

The plaintiffs argued against costs, citing the novelty of the issues and the defendant's means.

The court rejected these arguments, noting the plaintiffs took a calculated risk and made meritless bad faith claims.

The court found the defendant's claimed costs, which were lower than partial indemnity, to be fair and reasonable, awarding a total of $113,500 across the six actions.

The accused brought a pretrial application to exclude evidence of crack cocaine seized from a vehicle he was driving, alleging breaches of his rights under sections 8 and 9 of the Charter.

After being pulled over for speeding, the accused fled the scene on foot and was later arrested.

The police towed the vehicle as abandoned under the Highway Traffic Act and discovered drugs during an inventory search.

The court dismissed the application, finding that the accused abandoned any reasonable expectation of privacy in the vehicle by fleeing, and that the police lawfully impounded and searched the vehicle.

Following a trial and appeal regarding an employment dispute, the court determined the costs of the trial.

The defendant, who was successful on her counterclaim, sought costs based on an offer to settle.

The court found the offer to settle complied with Rule 49 and that the judgment was more favourable than the offer.

Finding the defendant's claimed costs of over $71,000 to be disproportionately high, the court fixed costs at $55,000 inclusive of disbursements and HST.