Robert Schipper

The solicitor brought a motion to stay the assessment of his accounts pending the trial judge's decision in the underlying matrimonial matter, to restrict the assessment to his final account, and for production of certain documents from the client.

The court granted a temporary stay of the assessment until the trial judge released the substantive decision, finding that the assessment officer needed to know the results achieved to properly assess the accounts.

However, the court refused to restrict the assessment to the final account, concluding that all 37 prior accounts were interim, not final.

The court also dismissed the solicitor's request for production of the client's communications with another lawyer and her tax returns, finding them privileged and irrelevant.

The solicitor brought a motion seeking to stay an ongoing assessment of legal accounts before an assessment officer, arguing that issues of law raised in the assessment exceeded the officer’s jurisdiction under the Solicitors Act.

The client opposed, asserting the assessment officer had jurisdiction and that the objection was raised too late after the solicitor had already participated in the assessment process.

The court reviewed the limited jurisdiction of assessment officers, noting they determine quantum but cannot resolve genuine disputes about retainers or broader legal issues.

Because the solicitor intended to raise issues including champerty, maintenance, and intentional interference with contractual relations, the court held that these matters required determination by a judge.

The assessment proceeding was therefore stayed on condition that the solicitor commence an action or application within 60 days to determine the adequacy of the account and related issues.