Court File and Parties

COURT FILE NO.: CV-16-566486 DATE: 20190206

ONTARIO SUPERIOR COURT OF JUSTICE

BETWEEN:

KERRY ADLER Applicant

– and –

THOMSON, ROGERS Respondent

COUNSEL: Karen Zvulony, for the Applicant Robert G. Schipper, for the Respondent

HEARD: October 10, 2018

BEFORE: Justice Peter Bawden

Reasons for Judgment

[1] Mr. Adler wishes to challenge all of the 30 accounts that he received from a law firm that represented him in his family law case. Mr. Adler paid the firm a total of $480,451 to prepare his case for trial. When the trial date approached, the firm told him that the case was not ready and demanded a further $350,000 in order to conduct the trial. According to Mr. Adler, the firm threatened that if he did not pay, they would remove themselves from the record. Mr. Adler refused to pay. Two weeks prior to the trial date, the firm brought the application. They told the court that there had been a breakdown in the solicitor-client relationship but Mr. Adler knew that there had been no breakdown. The law firm was not ready for trial and when he refused to pay an outrageous additional retainer, they used his refusal as an excuse to get off the record.