2 total
Summary judgment for unpaid legal fees dismissed; accounts referred for assessment due to special circumstances.
The plaintiff law firm brought a motion for summary judgment for over $1 million in unpaid legal fees against the corporate defendants and the individual defendant as guarantor.
The defendants sought to dismiss the motion and have the accounts referred for assessment under the Solicitors Act or the court's inherent jurisdiction, citing special circumstances.
The court found that the law firm failed to advise the clients of their right to assess the accounts and failed to render accounts every 60 days as agreed.
The court concluded that special circumstances existed, dismissed the summary judgment motion, and ordered the accounts to be referred for assessment.
Appeal dismissed as an abuse of process; LAT lacks jurisdiction to award tort damages against non-insurers.
The applicant/appellant commenced a second application to the Licence Appeal Tribunal (LAT) seeking damages and declaratory relief against her insurer and various non-insurer parties for alleged tortious conduct related to her statutory accident benefits (SABS) claims.
The LAT dismissed the application for lack of jurisdiction, noting it had no authority to award damages or make orders against non-insurers.
The applicant/appellant appealed to the Divisional Court.
The Court issued a notice under Rule 2.1.01 of the Rules of Civil Procedure and subsequently dismissed the proceedings as frivolous, vexatious, and an abuse of process, finding that the LAT lacks statutory jurisdiction to grant the requested relief and that the proceedings were an impermissible collateral attack on a prior final LAT decision.
