The decision concerns an application by Gordon S. Clarke to assess three accounts rendered by Thomas Mathews Professional Corporation (TMPC) in the context of a retainer for a removal motion.
The court addresses the limitation period for assessment, the existence of special circumstances, the nature and effect of the retainer agreement, and the proper forum for assessment.
The court finds that the accounts should be assessed together, that the retainer was a simple hourly agreement with no cap, and that the Gondosch Parties were not clients of TMPC.
The court orders the accounts to be referred to an assessment officer and stays the related Small Claims Court action.
