Summary

40178

OZ Optics Ltd., et al. v. Victor Ages Vallance LLP

(Ontario) (Civil) (By Leave)

Keywords

Law of professions — Barristers and solicitors — Solicitors’ costs — Assessment of bills — Appeals — Lower courts confirming assessment by assessment officer of four accounts of former solicitors — Whether s. 3 of the Ontario Solicitors Act, R.S.O. 1990, c. S.15, should be interpreted as permitting assessment officer to determine issues as to scope of solicitor’s retainer.

Summary

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

An application was brought by the solicitor respondents against the four applicant OZ entities and its principal, Omur Sezerman for an assessment of accounts owing. An assessment order was issued under s. 3 of the Ontario Solicitors Act, R.S.O. 1990, c. S.15. A motion to set aside the assessment order was dismissed. The assessment officer assessed each of the accounts and confirmed the requested total of $148, 120.95. The OZ entities appealed the assessment to the Superior Court where the certificate of assessment was confirmed. The appeal to the Court of Appeal was dismissed.

Lower Court Rulings

April 1, 2021
Ontario Superior Court of Justice

14-62787
Motion to review decision of assessment officer dismissed. Certificate of assessment confirmed.
March 1, 2022
Court of Appeal for Ontario

2022 ONCA 169, C69386
Appeal dismissed.
 

loading