No special circumstances that would justify ordering assessment of legal account

Professions and Occupations - Barristers and Solicitors - Fees

GP and EK, as assignees of claims of Estate of JK, sued W LLP, CB, and BN (collectively, “W defendants”), and H LLP, IH, and DL (collectively, “H Defendants”). In action against H Defendants, GP and EK sought assessment under Solicitors Act of $320,000 account for legal services rendered by H Defendants to SK but paid by Estate of JK pursuant to Terms of Settlement that were approved by court order. H Defendants moved for summary judgment dismissing action as against them. Motion granted; action dismissed. No special circumstances that would justify ordering assessment of legal account that was paid in 2016 as aspect of settlement in which GP and EK were represented by their own lawyers. H Defendants were never providing services for mutual benefit of SK and GP and EK who were SK’s litigation foe.

Posner et al. v. WeirFoulds LLP et al. (2019), 2019 CarswellOnt 3950, 2019 ONSC 1726, Perell J. (Ont. S.C.J.).

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