Solicitor's Assessments

The factors to be considered in assessing a legal account are well known. Today's Court of Appeal decision in Sutts, Strosberg LLP v. Atlas Cold Storage Holdings Inc., 2009 ONCA 690 restates those principles clearly:

[15]         She then went on to list the factors that are relevant in determining the reasonableness of the fee at para. 51, including:

(a)       the time expended;

(b)       the factual and legal complexities of the matters to be dealt with;

(c)       the degree of responsibility assumed by the lawyer;

(d)       the monetary value of the matters in issue;

(e)       the importance of the matter to the client;

(f)        the degree of skill and competence demonstrated by the lawyer;

(g)       the results achieved;

(h)       the ability of the client to pay; and

(i)        the expectations of the client as to the amount of the fee.
...
[18]         In my view, the motion judge applied the proper test in considering the relevant factors enumerated above ... .
James Morton
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