Lindsay N. Beck

The client appealed a motion judge's decision that set aside an assessment officer's award regarding her solicitors' bill of costs.

The Court of Appeal dismissed the appeal, finding that the assessment officer erred by ignoring the retainer agreement, improperly discounting docketed time, and mischaracterizing the complexity of the matrimonial litigation.

The court also rejected the client's allegation of reasonable apprehension of bias against the motion judge.

A law firm brought a motion under the Solicitors Act to oppose confirmation of an Assessment Officer’s certificate that substantially reduced the firm’s solicitor‑client accounts arising from family law litigation.

The court reviewed the assessment on the standard of error in principle and held that the officer committed several errors, including mischaracterizing the complexity of the matter, improperly relying on the former Costs Grid to reduce agreed hourly rates, rejecting the firm’s team staffing model without evidentiary basis, and criticizing counsel’s skill and competence without expert evidence.

The court found the assessment reasoning arbitrary and result‑oriented.

Rather than remitting the matter for reassessment, the court substituted its own determination of the appropriate fees and disbursements.