This motion concerned an application by Capo Sgro LLP, former lawyers for the plaintiff Haven Property Services Corp., for a charging order over settlement proceeds to secure unpaid legal fees and disbursements.
Haven opposed the motion, arguing that Capo Sgro LLP was not instrumental in achieving the settlement and that Haven was able and willing to pay its fees, subject to a pending assessment under the Solicitors Act.
The court found that while Capo Sgro LLP's efforts were instrumental in the settlement, there was insufficient evidence to demonstrate that Haven was unable or unwilling to pay its outstanding legal fees.
The court emphasized that non-payment alone or commencing a fee assessment does not constitute unwillingness to pay.
The motion for a charging order was dismissed, and Haven was awarded costs.
