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The registrar allowed only $10,000 of the committee’s claimed 2022–23 legal fees under the Patients Property Act and disallowed the balance.
The motion to extend time was dismissed because the putative appeal had so little merit that justice did not require granting the extension: the trial judge properly applied the Cohen factors, did not rely on Boucher to decide value, and his factual credibility findings were supported and not shown to be palpable and overriding errors.
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Master Keighley assessed special costs for Chao Yin Canada Group Inc. at $307,993.63 after a fraud trial and related bankruptcy proceedings, awarding full fees and disbursements.
The court upheld the arbitrator’s distribution of trust funds, but remitted the issue of disclosure and billing particulars for the solicitor’s fee award.
The trial judge's factual finding that Mr. Chopra had no beneficial interest in the home meant there was no intent to defeat creditors; the appellant did not demonstrate palpable and overriding error or prejudice, so the Court of Appeal dismissed the appeal and upheld the trial judge's fee assessment.
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Assessment of special costs after a family law trial involving parenting and property issues, where the respondent’s misconduct justified special costs and the assessment award was reduced for proportionality.
Although the Court of Appeal has jurisdiction to grant either a s.34 charging order or a solicitor's lien, the law firm failed to discharge the onus to show that it is likely it will not be paid absent a charging order or lien (third limb); therefore the discretionary relief was refused and the motion dismissed.
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Registrar assessed executrix remuneration and reviewed a solicitor’s estate bill, reducing both after finding some work duplicated executor tasks or was unnecessary.
The court assessed special costs after trial and allowed the respondent's claimed legal fees and disbursements in full, issuing a certificate for $93,322.87.
The Court dismissed the appeal, holding there was no error of law in the application judge's conclusion that no special circumstances existed to permit assessment under s.4(1) of the Solicitors Act; absent an error in principle or a clearly unreasonable result, the application judge's discretionary factual determination is entitled to deference.
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