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Appeal dismissed from an order enforcing a settlement reached by counsel in a debt-collection dispute; the Court upheld the settlement and costs order.
The motion judge correctly found the respondents were not in a conflict of interest because they withdrew in time to avoid serving two masters with misaligned interests; there was no error of law or palpable and overriding error of fact, therefore the appeal is dismissed.
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The court dismissed Marc Andre Scheirer’s summary conviction appeal, finding no ineffective assistance of counsel, no basis for a directed verdict, and no miscarriage of justice.
No fixed fee agreement was proven; contemporaneous file memo and correspondence show the engagement was on hourly rates with estimates provided; the invoice, time entries, disbursements and interest were reasonable and lawful and therefore the account as presented is accepted and payable by the defendant.
Source excerpt
The appeal is dismissed because the motion judge correctly found that the assessment officer erred by making unsupported findings of incompetence, by substituting rates contrary to the clear retainer, by making conclusory sweeping reductions of billed time without cogent basis, and by mischaracterizing the complexity of the case; the motion judge properly undertook his own evaluation and his award stood within reason.
Source excerpt
The motion judge erred by treating the solicitor's account as a final bill because it did not account for monies received or identify disbursements; the appropriate remedy is to order the solicitor to deliver a final bill and permit assessment, which this Court directs (final bill within 30 days and either party may have it assessed in Kingston).
Source excerpt
The court disqualified the defendant’s solicitor in an early defamation proceeding, finding a sufficient link to prior municipal litigation and a risk of confidential information misuse.
Review of solicitor’s accounts. The court allowed the fees and disbursements as reasonable and necessary, with a small reduction, and awarded costs.
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