Bryan Skolnik

The moving party solicitor opposed the confirmation of an Assessment Officer's report which reduced his accounts from $20,134.22 to $12,354.22.

The solicitor argued the Assessment Officer disregarded the written retainer agreement and improperly relied on parol evidence of a fee estimate.

The court dismissed the motion, finding the Assessment Officer made no errors of law, properly considered the retainer agreement, and correctly held the solicitor to the requirement of keeping clients reasonably informed about fees relative to prior estimates.

The appellant real estate brokerage sued for commissions allegedly owing on the sale of a nursing home.

The motion judge granted summary judgment dismissing the claims against the individual defendants, who were the sole shareholders, officers, and directors of the corporate defendants.

The Court of Appeal dismissed the appeal, finding no genuine issue for trial regarding breach of contract, unjust enrichment, or inducing breach of contract, as there was no contract with the individuals personally and no evidence they signed in a personal capacity.

The Court of Appeal for Ontario issued a costs endorsement following an appeal.

Based on the submissions of the parties, the court fixed the total costs at $8,000.

The appellant vendor appealed a trial judgment finding that its failure to construct a cathedral ceiling in a new home was a fundamental breach of the agreement of purchase and sale.

The Court of Appeal upheld the trial judge's conclusion, noting that the cathedral ceiling was a crucial feature of the contract and the vendor's unilateral change provision did not apply to fundamental changes.

The court also rejected the argument that the purchasers affirmed the contract by delaying their rescission, finding that they rescinded within a reasonable time after learning of the change.

The appeal was dismissed and the purchasers were entitled to the return of their deposit.