The plaintiff law firm brought a motion for summary judgment for over $1 million in unpaid legal fees against the corporate defendants and the individual defendant as guarantor.
The defendants sought to dismiss the motion and have the accounts referred for assessment under the Solicitors Act or the court's inherent jurisdiction, citing special circumstances.
The court found that the law firm failed to advise the clients of their right to assess the accounts and failed to render accounts every 60 days as agreed.
The court concluded that special circumstances existed, dismissed the summary judgment motion, and ordered the accounts to be referred for assessment.