2 total
No costs awarded to respondent law firm where applicant beat own offer.
This is a costs decision following an assessment appeal.
The Law Firm sought $7,500 in costs for the assessment hearing below, while the self-represented Client made no submissions.
The court found that the Client had made a pre-assessment offer of $15,000, which was higher than the $12,993 ultimately awarded on the motion.
Applying Rule 49.10, the court declined to award costs to the Law Firm.
The court also noted that the Law Firm's bill of costs lacked the detail required for a self-represented law firm seeking costs as a party.
No costs were awarded for either the assessment or the motion.
Assessment officer erred in principle in assessing contingency fee; account reduced and costs set aside.
The self-represented applicant brought a motion to oppose the confirmation of an assessment officer's report fixing her former lawyers' account at $27,431.62 plus $35,000 in costs.
The applicant had entered into a 33% contingency fee agreement for a statutory accident benefits claim, which stipulated hourly billing if terminated.
The applicant terminated the retainer and hired new counsel who settled the claim for $90,000 and took a 30% contingency fee.
The Superior Court of Justice found the assessment officer erred in principle by failing to consider the client's reasonable expectation of the fee and the overall amount paid by the client.
The court reduced the assessed fee and disbursements to $12,993 and set aside the $35,000 cost award, finding it was not proportionate or reasonable.
