The plaintiff brought a motion under Rule 57.07 of the Rules of Civil Procedure seeking orders that her former solicitors personally repay legal fees and indemnify her for costs incurred following the dismissal of her action for delay.
The lawyers admitted responsibility for significant delays that contributed to the dismissal.
The court considered the principles governing personal costs orders against lawyers, emphasizing that such orders must be made sparingly and only in clear cases.
Given the clear admissions of delay and the direct connection between that delay and the costs consequences faced by the plaintiff, the court exercised its discretion to require the lawyers to pay the defendants’ costs of the dismissed action and to reimburse the plaintiff for certain costs awards.
The court declined to order repayment of legal fees, leaving issues of negligence and causation to be determined in a separate solicitor’s negligence action.
