The plaintiff law firm brought a motion for summary judgment against its former clients for unpaid legal fees, suing on three post-dated cheques under the Bills of Exchange Act after the clients stopped payment.
The clients brought a cross-motion for summary judgment to dismiss the claim and direct an assessment of the accounts under the Solicitors Act, alleging they signed the agreement to pay under duress to obtain their files.
The court dismissed both motions, finding that significant credibility issues regarding the circumstances of the agreement and the delivery of accounts required a full trial, and that it was inappropriate to use enhanced fact-finding powers in a simplified procedure action.
