The applicant brought a motion to set aside an administrative dismissal of a bill assessment proceeding against the respondent law firm.
The assessment had been adjourned sine die pending the outcome of a separate negligence action against the firm, which was ultimately dismissed.
The firm argued the assessment should not be restored because the negligence trial already determined the firm's conduct.
The court rejected this argument, noting that while the finding of no negligence is res judicata, an assessment officer must consider other factors under the Cohen test to determine the reasonableness of fees.
The court granted the motion to set aside the dismissal but denied costs to the applicant because his non-lawyer daughter submitted fake case law in his factum.
