The appellant law firm appealed an order refusing to set aside a registrar's ex parte assessment order obtained by the client under s. 3 of the Solicitors Act.
The court held that a client may proceed by requisition only where the statutory preconditions are met, including a timely requisition and the absence of special circumstances.
The requisition was defective because it failed to specify a delivery date within the one-month statutory window.
In any event, the totality of the circumstances — including 29 bills over more than 11 years, differing services and file numbers, and payment of 28 bills — constituted special circumstances requiring a noticed court application.
The appeal was allowed and both the motion judge's order and the registrar's order were set aside.
