COURT OF APPEAL FOR ONTARIO
O’Connor A.C.J.O., Blair and Juriansz JJ.A.
BETWEEN:
Wouters Poultry Farm Ltd.
Applicant (Respondent)
and
Richard J. Mazar Professional Corporation
Respondent (Appellant)
Cameron Murkar, for the appellant
John Melia, for the respondent
Heard: September 10, 2009
On appeal from the order of Justice Manton of the Superior Court of Justice dated April 28, 2009.
APPEAL BOOK ENDORSEMENT
1We see no basis to interfere with the motion judge’s exercise of discretion to refer the solicitor’s account for assessment. The motion judge identified three reasons for his decision and those reasons are, in our view, sufficient to establish special circumstances.
2The appeal is dismissed.
3The appellant shall pay the respondent’s costs of the appeal fixed in the amount of $4,000, inclusive of disbursements and GST.