The plaintiff, a former client of the defendant family law firm, commenced a proceeding to have her legal fees assessed under the Solicitors Act.
The defendant moved to stay the proceeding under section 7 of the Arbitration Act, 1991, relying on an arbitration clause in the retainer agreement.
The plaintiff argued the arbitration agreement was invalid due to unconscionability, citing distress at the time of signing and the potential costs of arbitration.
The court found no evidence of unequal bargaining power or an improvident bargain, noting the plaintiff had the opportunity to review the agreement and the arbitrator had discretion over costs.
The court granted the stay, ordering the dispute to be resolved via arbitration.
