In Lilly v. Majic, 2000 BCSC 252, Mr. Justice Melnik found that no special circumstances existed despite the fact that the client was not aware of the three-month limitation period and the client was not in good health. The delay in that case was substantial. It was almost two years after the payment of the second account and delivery of the settlement proceeds to the clients that they decided to undertake a review. It was almost two years before the defendant solicitor was given any idea the plaintiffs were unhappy about the amount of his account. There was also nothing suggesting to the judge that the defendant’s bill was patently unreasonable.
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