Crosslink Bridge Corp. and Andrew Penuvchev (Appellants) appealed against the dismissal of their request to assess legal fees charged by Fogler, Rubinoff LLP and Davis Moldaver LLP (Respondents).
The main issue was whether the fees for the final three unpaid accounts could be assessed given the timing of their delivery and the claim that they were statute-barred under the Solicitors Act.
Key Points:
The appeal addressed the motion judge's interpretation of whether certain accounts were final or interim and if they were subject to statutory limitations for assessment under the Solicitors Act.
The Court of Appeal found that while the first 29 accounts were indeed statute-barred, the final three accounts were improperly dismissed for assessment.
The court distinguished between accounts based on whether they were delivered within a specific timeframe that would allow for assessment without the need for demonstrating special circumstances.
Outcome:
The appeal was allowed in part.
The last three accounts were referred back for assessment.
The Court ordered the respondents to pay $25,000 to the appellants, covering costs of the appeal and motions.
