Court File and Parties
CITATION: Amyot v. Galarneau, 2016 ONSC 847
COURT FILE NO.: 15-66996
DATE: 2016/02/03
SUPERIOR COURT OF JUSTICE – ONTARIO
RE: Richard Amyot, Applicant
AND:
Galarneau & Associates Professional Corporation and Susan E. Galarneau, Respondents
BEFORE: Justice Patrick Smith
COUNSEL: Richard Amyot, representing himself
Susan Galarneau, representing herself and Galarneau & Associates Professional Corporation
HEARD: February 2, 2016
ENDORSEMENT
[1] The Applicant, Richard Amyot, brings this application for leave to have two accounts of the Respondents referred for assessment.
[2] The Respondents resist the application and ask that an order be granted dismissing the application or, in the alternative ordering production of the Applicant’s unredacted medical records and/or for an order that the Applicant’s physician be produced for cross-examination.
[3] The history of the relationship need not be recited in detail. The important facts and timeframes can be summarized as follows:
• October 2013 - Applicant retains the Respondents
• March 2014 – comprehensive Minutes of Settlement executed
• February/March 2014 – amending Minutes of Settlement signed
• May 2014 – Order issued incorporating the Minutes of Settlement
• May 29, 2014 – first account rendered and paid from trust money
• April 2, 2015 – second account rendered for $200.00
• July 2015 – Applicant attends the office of the Respondents regarding his dissatisfaction with both accounts
• December 2015 – Application issued
[4] The Applicant states that he does not dispute that the work he was billed for was done and further agrees that it was performed properly. The central dispute of the Applicant is twofold:
The result obtained although satisfactory took too long (four months) and;
The bills were too high and a reduction should have been negotiated.
[5] In paragraph 4 of his Factum the Applicant maintains that “He seeks the assessment of the two invoices for many reasons, none more important than the fact that during the relevant time period, the Applicant was suffering from mental health issues which made it impossible for him to tend to the assessment of the two invoices.” In support of his position, the Applicant has filed a medical report of Dr. F. Lafleche dated October 17, 2015.
[6] In paragraph 2 of his report Dr. Lafleche states that “In May 2012, Mr. Amyot was seen for anxiety and depression feelings. [sic] He was going through a divorce, had to sell his house and was under psychological and financial stress.”
[7] As a result of his mental health, the Applicant argues that he has demonstrated that “special circumstances” exist and seeks leave to assess both accounts notwithstanding that both fall outside the time periods stipulated by the Solicitors Act.
Discussion
[8] The medical report and evidence provided by the Applicant are insufficient to meet the test for “special circumstances”. The report referred to above makes mention of the Applicant’s mental health in May 2012. The Respondents were retained in October 2013.
[9] The phrase “special circumstances’ contained in the Solicitors Act has been interpreted to include any circumstances of an exceptional nature affecting the matter of costs or the liability of a solicitor’s client which a judge, in the exercise of his judicial discretion in each particular case, may consider and justify a taxation…[Rooney v. Jasinski, 1952 115 (ON CA), [1952] O.R. 869 (Ont. C.A.)]
[10] The Applicant has failed to satisfy me that special or exceptional circumstances exist.
Disposition
[11] The application is dismissed.
[12] Costs fixed in the amount of $2,000.00 payable by the Applicant to the Respondents forthwith.
Justice Patrick Smith
Date: February 3, 2016
CITATION: Amyot v. Galarneau, 2016 ONSC 847
COURT FILE NO.: 15-66996
DATE: 2016/02/03
ONTARIO
SUPERIOR COURT OF JUSTICE
RE: Richard Amyot, Applicant
AND:
Galarneau & Associates Professional Corporation and Susan E. Galarneau, Respondents
BEFORE: Justice Patrick Smith
COUNSEL: Richard Amyot, representing himself
Susan Galarneau, representing herself and Galarneau & Associates Professional Corporation
ENDORSEMENT
P. Smith J.
Released: February 3, 2016