What is the legal test for assessing a solicitor’s account?

Ontario, Canada


The following excerpt is from Pellman v. Pustai, 2009 CanLII 57558 (ON SC):

All parties have agreed that the accounts in question ought to be reviewed and assessed on a quantum meruit basis using the factors set out in established jurisprudence regarding the assessment of a solicitor’s account. All parties referred to and agreed that the factors set out in Cohen v. Kealey & Blaney[1] are relevant. These factors are as follows: “The Taxing Officer properly listed the considerations normally applicable to the taxation of a solicitor’s account, namely, the time expended by the solicitor, the legal complexity of the matters to be dealt with, the degree of responsibility assumed by the solicitor, the monetary value of the matters in issue, the importance of the matter to the client, the degree of skill and competence demonstrated by the solicitor, the results achieved, the ability of the client to pay and the client’s expectation as to the amount of the fee.”

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