The mortgagor obtained an ex parte Order for Assessment under s. 3 of the Solicitors Act to assess the legal accounts of the mortgagee's lawyers, Cassels Brock, following a power of sale.
Cassels Brock moved to set aside the order, arguing the mortgagor was not their client, while the mortgagor moved for contempt due to non-compliance.
The court set aside the Order for Assessment, finding the mortgagor was not a 'client' under s. 3 and thus the order was a nullity.
The contempt motion was dismissed as the non-compliance was not deliberate and wilful.
However, the court allowed the mortgagor's alternative motion for an assessment under s. 9 of the Solicitors Act to proceed with viva voce evidence.
