Background:
- Elkin Injury Law (EIL) sued former client Amanda Lee Smith for unpaid legal fees.
- Smith retained EIL in 2015 for a motor vehicle accident claim. EIL represented her until February 26, 2024, when she transferred her case to Falconeri Rumble Harrison LLP (FRH).
- EIL issued an invoice for services rendered from 2015–2024. FRH paid only disbursements, and Smith did not pay legal fees.
- FRH settled Smith’s accident benefits claim on March 12, 2024, and indicated an assessment would follow, but no timely notice was served.
- EIL then filed a claim under simplified procedure.
Motions:
- Plaintiff’s Motion: Strike defence or compel Smith to provide an affidavit of documents and attend discovery.
- Defendant’s Cross-Motion: Compel EIL to produce a more complete affidavit, arguing EIL’s work product was relevant to fee reasonableness.
Court’s Findings:
- Smith’s Non-Compliance: Smith’s failure to provide an affidavit of documents and attend discovery was unjustified. However, striking her defence was unwarranted.
- Relevance of EIL’s Work Product: EIL’s accident benefits file was relevant to assessing fee fairness and must be disclosed.
- Privilege Issue: EIL could claim privilege over internal notes, emails, and time records but had to list them in a confidential schedule.
- Orders:
- Smith must serve an affidavit of documents within 14 days.
- EIL must submit a revised affidavit, including relevant documents and a privilege log, within 30 days.
- Smith must attend discovery within 45 days.
Costs: No order due to divided success.
