Paul Auerbach

The appellant, who suffered a traumatic brain injury, settled a tort claim for $800,000.

His former and current law firms claimed over $422,000 in fees and disbursements.

Facing severe financial pressure and acting without independent legal advice, the appellant entered into fee agreements and a consent order releasing the funds.

He later applied to have the accounts assessed under the Solicitors Act.

The application judge dismissed the application for lack of jurisdiction due to the consent order.

The Court of Appeal allowed the appeal, set aside the consent order, and directed an assessment, finding that the application judge erred in law and that special circumstances demanded the fee agreements be reopened to protect the vulnerable client and maintain public confidence in the administration of justice.

The plaintiff brought a motion to set aside a registrar's order dismissing their motor vehicle accident action for delay.

At the hearing, the plaintiff requested a brief adjournment, which the defendant opposed.

The court granted the adjournment peremptorily, set a timetable for filing additional affidavit materials, and reserved the issue of costs to the judge hearing the substantive motion.

Following a conference call, the court issued a supplementary endorsement regarding the reinstatement of the plaintiffs' action.

The defendants argued that the conditions for reinstatement from a prior order had not been fulfilled, while the plaintiffs maintained they had.

The court was satisfied that the conditions were satisfactorily fulfilled and ordered the action reinstated, with no order as to costs.