The moving parties sought to set aside an Order for Assessment and subsequent costs order relating to a solicitor’s accounts.
The moving party asserted that she never retained the solicitor and therefore should not have been subject to the assessment process.
The court held that to set aside an assessment order there must be a bona fide dispute regarding the existence of the retainer, and mere assertions are insufficient.
Reviewing documentary evidence including signed client forms, engagement correspondence, payment of an initial retainer, and communications acknowledging the solicitor-client relationship, the court found overwhelming evidence that the solicitor had been retained.
The court concluded that the motion was based on unsupported and disingenuous claims and dismissed it.
