If a final account has been paid, can a client obtain an assessment order under s. 3(b) of the Assessment Guidelines?
Ontario, Canada
The following excerpt is from Harper v Cox, 2016 ONSC 3567 (CanLII):
Thus, as Justice Perell observed in Fiset v. Falconer, [2005] O.J. No. 4023 (S.C.J.) at para. 25, “much turns on whether an account is final or interim”. If it is properly characterized as interim, then a client has until one month after the final account to obtain an assessment order of all accounts. If, however, it is final, and the client does not move for an assessment within a month of delivery of that account, there is no automatic assessment order made under s. 3(b). In these circumstances, if the account has been paid, a client would have to establish “special circumstances” under s. 11 in order to obtain an assessment.
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