James H. Chow

The appellants appealed an order of the Superior Court of Justice that interfered with an assessment officer's decision regarding a solicitor's account.

The Court of Appeal allowed the appeal, finding that the appeal judge failed to apply the appropriate standard of review.

The court noted that an appeal from an assessment officer is only concerned with questions of principle, not amounts or discretion, unless the decision is unreasonable.

The assessment officer's order was restored.

The appellant appealed an order dismissing an application on the basis that disputed facts required a trial.

The Court of Appeal agreed that the matter could not proceed by way of application, but held that the motion judge should have converted the proceeding into an action under the Rules of Civil Procedure rather than dismissing it without prejudice.

The appeal was allowed, the dismissal order was set aside, and directions were given for pleadings and discovery in the converted action.

No costs were awarded on the appeal.