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Civil Litigation - Costs - Assessment. Victor Ages Vallance LLP v. OZ Optics Ltd.
In Victor Ages Vallance LLP v. OZ Optics Ltd. (Ont CA, 2022) the Court of Appeal set out factors in a solicitor's cost assessment:[2] ... The assessment officer assessed each of the accounts by applying the test from Cohen v. Kealey & Blaney (1985), 26 C.P.C. (2d) 211 (Ont. C.A.) that includes the following nine factors:a. the time expended by the solicitor;
b. the legal complexity of the matters to be dealt with;
c. the degree of responsibility assumed by the solicitor;
d. the monetary value of the matters in issue;
e. the importance of the matters to the client;
f. the degree of skill and competence demonstrated by the solicitor;
g. the results achieved;
h. the ability of the client to pay; and
i. the expectation of the client as to the amount of the fee.
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