2025 ONSC 983 – February 14, 2025

• Grace McDonald, a former client of Sullivan Mahoney LLP (SM), sought to set aside the Report and Certificate of Assessment issued by an assessment officer on August 31, 2023.
• The assessment covered two unpaid legal bills from SM totaling $6,491.68, plus costs.
• McDonald argued procedural unfairness, including the exclusion of a previously paid bill from the assessment, strict enforcement of filing deadlines, and lack of opportunity to challenge the decision.
• The court found that the assessment officer acted within legal principles, had no obligation to reassess a paid bill, and properly enforced procedural rules.
• SM was awarded $2,525.34 in costs for the assessment hearing.
• The court dismissed McDonald’s motion, upholding the assessment decision.

2025 ONSC 1588 – March 11, 2025

• This decision addressed costs for McDonald’s unsuccessful motion.
• SM sought $5,655.65 in costs, arguing time was spent addressing multiple issues, including allegations of solicitor negligence.
• The court acknowledged SM’s work but found no evidence of lost opportunity costs.
• The court awarded $2,500 in costs, inclusive of HST and disbursements.

Outcome

• McDonald was ordered to pay a total of $11,677.08 ($9,177.08 from the assessment + $2,500 for motion costs).
• Both of McDonald’s motions were dismissed, and the assessment decision remained in effect.