The applicant sought an order referring a solicitor’s account for assessment more than 12 months after delivery and payment pursuant to the Solicitors Act.
The legal services related to tort claims arising from motor vehicle accidents, which were settled at mediation in 2009, with the applicant acknowledging the net recovery and legal fees.
The court considered the requirement to establish “special circumstances” to justify assessment outside the statutory 12‑month period, particularly where accounts have already been paid.
Given the applicant’s delay of nearly five years and the absence of evidence of fraud or gross misconduct, the court found no basis to waive the statutory deadline.
The motion to refer the account for assessment was dismissed.