What is the test for rebutting the presumption that a client is entitled to an assessment if their solicitor is still representing them?

The cases identify a number of circumstances in which the presumption may be rebutted. For example, clients cannot be expected to bring assessment applications while a solicitor is still representing them for fear of alienating the solicitor. Special circumstances may also exist if the client makes known its concerns within a reasonable time: see Enterprise Rent-a-Car, at p. 265 O.R. However, in the end, special circumstances is a fact-specific inquiry: Guillemette v. Doucet, at para. 4. Any number of factors specific to the particular case can amount to special circumstances if they undermine the presumption. …