Maurice Gatien

The applicants brought a motion opposing the confirmation of an Assessment Officer's decision regarding a solicitor's account.

The respondent law firm had charged block fees for mortgage enforcement and power of sale proceedings without recording the time spent by lawyers and clerks.

The Assessment Officer reduced the account by approximately 21% due to the lack of recorded time.

The applicants argued for a further reduction, claiming the Assessment Officer failed to properly weigh the factors from Cohen v. Kealey & Blaney and should have applied a volume discount.

The Superior Court of Justice found no error in principle in the Assessment Officer's decision and dismissed the motion.

The plaintiff, a volunteer painter at the defendant's church, fell from an eight-foot stepladder while installing ceiling trim and suffered a severe head injury.

The defendant brought a motion for summary judgment to dismiss the plaintiffs' action.

The plaintiffs argued the defendant breached its duty of care under the Occupiers' Liability Act and relied on expert evidence suggesting the Occupational Health and Safety Act (OHSA) standards should apply.

The court found that the OHSA did not apply to volunteers and that the defendant had provided a reasonably safe environment, including a stable ladder and appropriate instructions.

The court concluded there was no genuine issue requiring a trial, as the plaintiff undertook the task of his own volition and there was no evidence of what caused the fall.

The motion for summary judgment was granted and the action dismissed.