The appellant appealed a decision of the Superior Court of Justice that refused to confirm an assessment officer's report reducing a solicitor's account and instead confirmed the account in full.
The Court of Appeal found that the motion judge was entitled to conclude the assessment officer ignored evidence regarding the time spent by the solicitor.
However, the motion judge erred in confirming a bonus charged by the solicitor, as the oral contract was based on an hourly rate and did not provide for a bonus.
The motion judge also erred in interfering with the assessment officer's finding concerning disbursements without providing reasons.
The appeal was allowed in part, reducing the solicitor's fee by the bonus amount and adjusting the disbursements.
