The moving party solicitor brought a motion to oppose the confirmation of an Assessment Officer's report that reduced his legal accounts by 45% and ordered a refund to the client.
The solicitor argued that missing transcript excerpts from his examination in chief necessitated a rehearing and that the reduction was arbitrary.
The Superior Court of Justice dismissed the motion, finding no evidence of real and serious risk of prejudice from the missing transcripts and no palpable and overriding error in the Assessment Officer's application of the Cohen factors to determine the reasonableness of the accounts.
