Matter: Motion by Haven's former lawyers, Capo Sgro LLP, seeking a charging order for unpaid legal fees.

Background:

• Capo Sgro LLP represented Haven in a dispute regarding redevelopment work at the Westin Prince Hotel.
• Haven's arbitration with the Owner resulted in a settlement, with payments distributed in four installments.
• Capo Sgro LLP claimed an unpaid balance of $48,485.50 and sought a charge over the remaining settlement funds.

Legal Framework:

• Section 34 of the Solicitors Act allows charging orders for unpaid fees when:
  1. Funds are preserved through the lawyer's work.
  2. The lawyer's efforts were instrumental.
  3. There’s evidence the client cannot or will not pay.

Key Issues & Decision:

• Instrumentality: The court found Capo Sgro LLP’s work instrumental in securing the settlement.
• Payment Ability/Willingness: Insufficient evidence showed Haven was unwilling or unable to pay. Evidence included Haven’s ongoing payments and initiation of a fee assessment under the Solicitors Act.
• Outcome: Motion for a charging order was dismissed, as Capo Sgro LLP did not meet all criteria.

Costs Awarded: Haven was granted $3,850 in costs, payable within 30 days, irrespective of the assessment's outcome.