R. Schipper

The moving party solicitor sought to set aside an assessment order and dismiss the responding party client's claims regarding disputed legal accounts, alleging delay and non-compliance with previous interlocutory orders.

The court found that the client had substantially complied with the orders, noting that the solicitor's own delay in producing detailed dockets contributed to the timeline.

The court dismissed the motion to set aside the assessment order or compel discovery, and instead issued directions to govern the upcoming assessment hearing.

Following a successful appeal, the appellant sought costs for the motion appealed from and the related motion for leave to appeal.

The Divisional Court declined to award costs for the leave motion because the judge granting leave did not address costs in their order or reasons.

However, the court awarded the appellant costs of $12,500 for the attendance before the motion judge, finding it fair and reasonable that costs follow the event in the appeal.