The appellant sought to set aside a certificate assessing trial and appeal costs on the basis that the assessment officer relied on insufficient documentary support, particularly the absence of time dockets.
The court held that the authority relied on by the appellant concerning unsupported lump-sum fee claims arose from materially different facts involving uncertainty over retainer and duplication of legal services.
Applying the deferential standard governing appellate review of cost assessments, the court found no error in principle and no gross impropriety in the amounts assessed.
The appeal was dismissed with costs.