Simon's Megalomaniacal Legal Resources

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.