MacMull v. Labow, 2020 ONSC 423

CITATION: MacMull v. Labow, 2020 ONSC 423

DIVISIONAL COURT FILE NO.: 043/19
DATE: 20200121

ONTARIO SUPERIOR COURT OF JUSTICE DIVISIONAL COURT

D.L. CORBETT, FAVREAU and GOMERY JJ.

BETWEEN:

RONI MACMULL

Vanessa A. Ibe, for the Appellant (Respondent)

Appellant

– and –

Jeffrey Radnoff, for the Respondent (Appellant)

Respondent

HEARD at Toronto: January 21, 2020

D.L. CORBETT J. (Orally)

1Despite appellant counsel’s able presentation, for the reasons that follow the appeal is dismissed.

2Justice Lederer found that the assessment officer applied the correct test and that his findings of fact did not disclose a palpable and overriding error. We see no error in these conclusions.

3We do not agree with appellant counsel’s argument that the assessment officer erred in law by double-counting certain factors in the Cohen v. Kealey analysis. The assessment officer reviewed each factor and then quite properly balanced the factors to arrive at his conclusion.

4We also do not agree that the assessment officer erred in principle in finding that the underlying case was of average complexity; that finding was available on the record. Further, and in any event, complexity would not be a substantial factor in the overall analysis in this case, since the solicitor did not accomplish anything of value for his client.

5Costs to the respondent fixed at $6,500 inclusive, payable forthwith.

6I have endorsed the Appeal Book and Compendium as follows: “This appeal is dismissed, with costs of $6,500.00 payable by the appellant to the respondent forthwith, for oral reasons of D.L. Corbett J.”

D.L. Corbett J.

I agree

Favreau J.

I agree

Gomery J.

Date of Oral Reasons for Judgment: January 21, 2020

Date of Release: January 22, 2020