Case information
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40591
Kevin Drizen v. MBM Intellectual Property Law LLP
(Ontario) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2023-06-21 | Close file on Leave | |
| 2023-05-25 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2023-05-25 | Judgment on leave sent to the parties | |
| 2023-05-25 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgments of the Court of Appeal for Ontario, Number C70126, 2022 ONCA 766, dated November 10, 2022, and 2022 ONCA 847, dated December 9, 2022, is dismissed. Dismissed |
|
| 2023-04-24 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2023-02-10 | Certificate (on limitations to public access), Public Access to information form | Kevin Drizen |
| 2023-02-03 | Letter advising parties of an incomplete application for leave to appeal, FILE OPENED: 2023-02-03 | |
| 2023-01-03 |
Application for leave to appeal, (Book Form), Missing: - Signed notice of application (rec'd 2023-02-10) - New covers with amended style of cause (rec'd 2023-02-10) - Public Access to Information Form (rec'd 2023-02-10), Completed on: 2023-02-10 |
Kevin Drizen |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Drizen, Kevin | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| MBM Intellectual Property Law LLP | Respondent | Active |
Counsel
Party: Drizen, Kevin
This party is not represented by counsel.
Party: MBM Intellectual Property Law LLP
Counsel
275 Slater Street, 14th Floor
Ottawa, Ontario
K1P 5H9
Telephone: (613) 567-0762
FAX: (613) 563-7671
Email: dlanfranconi@mbm.com
Summary
Keywords
Contract — Formation — Parties — Interpretation of contract to determine who is party to agreement and responsible for paying outstanding legal fees — Whether lower courts erred in their reasoning and decisions — Whether application for leave to appeal raises issues of national or public importance.
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.
The applicant, Kevin Drizen, signed an engagement agreement with the respondent, MBM Intellectual Property Law LLP (“MBM”). Following the termination of the retainer, MBM sought payment of approximately $50,000 in outstanding legal fees. At an assessment of MBM’s accounts, Mr. Drizen claimed that he was not a party to the agreement and that, instead, his company, GlycoBiosciences Inc. (“Glyco”) was the party to the agreement and therefore responsible for paying any outstanding fees.
Given that the assessment officer did not have jurisdiction to decide the issue of whether Mr. Drizen or Glyco was a party to the agreement, she referred the issue to the Superior Court for determination. The application judge concluded that Mr. Drizen was a party to the agreement. The Court of Appeal dismissed the appeal.
Lower court rulings
Court of Appeal for Ontario
2022 ONCA 766, C70126
Appeal dismissed.
Memorandums of argument on application for leave to appeal
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filing out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
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Related links
Factums on appeal
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available