2 total
Client has standing to assess solicitor accounts paid by her corporation; assessment ordered for undisclosed premiums.
The appellant and her sisters retained the respondent law firms for estate litigation.
By agreement, the law firms' accounts were paid by a corporation owned by the sisters.
The appellant later discovered the accounts contained substantial undisclosed premiums and sought to have them assessed.
The motion judge dismissed the request, finding the appellant lacked standing as the corporation paid the bills.
The Court of Appeal allowed the appeal, holding that the appellant was the true client and had standing.
Furthermore, the Court exercised its inherent jurisdiction to order an assessment because the solicitors failed to disclose the premiums or advise the clients of their right to an assessment.
Appeal allowed in part; trial of an issue ordered where application judge improperly resolved material credibility disputes on affidavit evidence.
The Municipality of Clarington appealed a judgment allowing an application by Newcastle Recycling Ltd. and others for a declaration that they had the right to continue operating an auto wrecking, scrapyard, landfill, and garbage collection business on certain property.
Clarington also appealed the dismissal of its counter-application for an injunction.
The respondents cross-appealed the finding that they did not have the right to carry on their business on other portions of the property.
The Court of Appeal allowed Clarington's appeal in part, finding the application judge erred by resolving material credibility issues on affidavit evidence instead of directing a trial of an issue.
The cross-appeal was dismissed, and a permanent injunction was granted in respect of portions of the property.
