The moving party sought to set aside an assessment officer’s report and certificate assessing a solicitor’s account arising from legal services in litigation involving a family dispute over powers of attorney.
The court held that a motion opposing confirmation of a certificate under the Solicitor’s Act is in the nature of an appeal and generally limited to the evidentiary record before the assessment officer.
New affidavit evidence alleging lack of retainer, conflict, and solicitor negligence was excluded because it had not been before the assessment officer and no motion to admit fresh evidence was brought.
The court further found no jurisdictional error in the assessment officer proceeding with the assessment and no error in principle in calculating the assessed fees.
The motion to set aside the assessment was dismissed.
