A law firm brought a motion to set aside an Order of Assessment issued in favour of its former client, arguing the client requisitioned the order outside the 30‑day period under the Solicitors Act.
The client opposed the motion and cross‑moved for production of time dockets and trust and client ledgers, and alternatively sought a finding of special circumstances under s. 11 of the Solicitors Act.
The court found the client had not received the final invoice until April 2014 and therefore requisitioned the assessment within the statutory period.
The court also held that the absence of time allocations, the potential premium in the bill, and the law firm’s reluctance to disclose dockets constituted special circumstances warranting assessment even though the account had been paid.
The motion to set aside was dismissed, production was ordered, and the matter was directed to proceed to assessment.