The appellant client appealed a Superior Court decision that dismissed her motion to oppose confirmation of an Assessment Officer's certificate regarding her former solicitors' accounts.
The Divisional Court dismissed the appeal, finding that the motion judge did not err in her deferential review of the Assessment Officer's comprehensive reasons, nor did she err in concluding there was no denial of procedural fairness.
The Court also clarified that the objections process under Rule 58 is not mandatory for solicitor-client assessments under the Solicitors Act, finding prior jurisprudence to the contrary was decided per incuriam.