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Simon Shields, LLB

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Since 2005

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Civil Procedure - Costs

Solicitors - Assessment of Account

Ghaeinizadeh v. Bennett Jones LLP (Ont CA, 2014)

In this case the Court of Appeal allowed an assessment of a solicitor's litigation account despite the fact that the client has earlier advanced the same account in adversarial cost submissions at trial. The primary basis of this finding was that the purpose of cost submissions at trial and account assessment were distinct:
Given the different objectives and considerations arising in the two contexts of party and party costs and solicitor account assessments, parties availing themselves of both are not pursuing inconsistent options.

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