A client opposed confirmation of an assessment officer’s certificate that had dramatically reduced the lawyer’s accounts under the Solicitors Act.
The court held that the assessment officer lacked jurisdiction to assess the lawyer’s criminal defence accounts because more than twelve months had passed since their delivery and payment without an order permitting assessment based on special circumstances.
However, the assessment officer had jurisdiction to assess the civil matter accounts, which were treated as interim and final accounts capable of review together.
The court found some of the assessment officer’s criticisms unsupported or not tied to specific reductions but agreed that certain overhead-related charges and lack of meaningful results justified a reduction.
The certificate was varied so that no rebate applied to the criminal matter and the client received a $7,500 rebate with interest for the civil matter.
