Does a written agreement as to fees not oust the assessment process of the court?
Ontario, Canada
The following excerpt is from Schwisberg v. Kennedy, 2004 CanLII 7574 (ON SC):
I wish here to consider two things in combination: first, the above statement of law to the effect that even a written agreement as to fees will not oust the assessment process of the court; second, the statement in Jordan v. McKenzie, supra, to the effect that the Master’s award should not be disturbed unless it appears to be unsatisfactory on all of the evidence.
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