The applicant solicitor moved to oppose confirmation of an assessment officer's report reducing a legal account rendered in relation to motor vehicle accident benefits litigation.
The court held that the assessment officer's reasons were inadequate because they did not meaningfully apply the nine Cohen factors and failed to demonstrate an intelligible path of reasoning, amounting to an error in principle.
Rather than remit the matter for a further assessment, the court conducted the assessment itself.
Applying the relevant factors, the court allowed a $100,000 success premium and fixed the fee at $250,000, while otherwise confirming the report and certificate.
