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Motion to set aside assessment order dismissed as clients requested assessment within 30 days of receiving accounts.
The respondent law firm moved to set aside a Registrar's order for the assessment of its accounts, arguing the clients failed to request the assessment within the 30-day period under section 3 of the Solicitor's Act.
The court found that the clients did not receive the accounts until November 2024, making their request timely.
The motion was dismissed, and the assessment was ordered to proceed, limited to the specific accounts and not the retainer agreement.
Flooring contractor awarded unpaid invoices; general contractor's counterclaim for defective installation dismissed due to unauthorized product substitution.
The plaintiff flooring contractor sued the defendant general contractor for unpaid invoices relating to the installation of a concrete urethane floor in a brewery.
The general contractor counterclaimed and brought separate actions against the flooring subcontractors and the product manufacturer, alleging the floor was negligently installed and defective.
The court found that the alleged defects were cosmetic and resulted from the general contractor's decision to substitute a cheaper flooring product without the designer's approval, as well as poor maintenance by the brewery.
The court granted the plaintiff's claim for unpaid invoices and dismissed the general contractor's counterclaim and third-party actions.