The applicants sought an order for the assessment of legal bills rendered by the respondent law firm under the Solicitors Act, arguing that no final bill was delivered or, alternatively, that special circumstances existed.
The court found that all bills delivered prior to and including the last bill in October 2013 were interim bills, meaning no final bill was ever issued, thus permitting an assessment as of right.
The court further determined that even if a limitation period applied, numerous "special circumstances" existed, including the delivery of 39 bills over an eight-year retainer, involvement of 11 lawyers, billing for file reviews, lack of transparency regarding hourly rates, and internal firm pressure to bill for unnecessary work, which would justify an assessment.
The court rejected the respondent's preliminary objections regarding the applicant's affidavit and claims of bad faith based on animosity between counsel.
