Alka Singh (client) appealed a Superior Court order that set aside an Assessment Officer's certificate of assessment regarding legal fees from Reesa Heft and Heft Law (solicitors) and referred the matter for a new assessment.
The Assessment Officer had previously reduced the solicitors' fees, finding them not fair and reasonable.
The motion judge set aside this assessment, concluding the Assessment Officer exceeded jurisdiction by assessing a disputed retainer and erred in not considering the solicitors' objections or evidence.
The Court of Appeal addressed the preliminary issue of jurisdiction, determining whether the motion judge's order was final or interlocutory.
Applying established principles, the Court found the order interlocutory because it did not finally dispose of the substantive rights or the real matter in dispute, but rather remitted it for a new assessment.
Consequently, the appeal to the Court of Appeal was quashed, as jurisdiction for interlocutory orders lies with the Divisional Court with leave.
