Kramer Henderson Sidlofsky LLP

Court grants security for costs of solicitor-client assessment
July 17, 2009

The client, a resident of Kuwait, assessed the firm's accounts, which totaled over $350,000.  The firm moved for security for costs.  The Master dismissed a motion on the basis that she had no jurisdiction to award security for costs because an assessment is not a "proceeding" within the meaning of rule 56.01(1).

On appeal, the Court considered the issue to be one of statutory interpretation, and held that a client on a solicitor client assessment is "an active claimant" within the meaning of rule 56.01(2).

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