DATE: 20031127

DOCKET: C39824

COURT OF APPEAL FOR ONTARIO

IN THE MATTER OF The Solicitor’s Act, C. S-15

AND IN THE MATTER OF Angela Assuras and Bennett Best Burn, Solicitors

RE:

MICHAEL BUNT (Applicant/Client) (Appellant) –and– ANGELA ASSURAS and BENNETT BEST BURN (Respondents/Solicitors) (Respondents in appeal)

BEFORE:

CATZMAN, ABELLA and SIMMONS JJ.A.

COUNSEL:

Howard J. Wolch

for the appellant

Angela Assuras

the respondent in person

Christine M. Kish

for the respondent Bennett Best Burn

HEARD AND ENDORSED:

November 27, 2003

On appeal from the judgment of Justice Maurice C. Cullity of the Superior Court of Justice dated March 6, 2003.

A P P E A L B O O K E N D O R S E M E N T

[1] Mr. Wolch’s submissions focused primarily on the suggested error of Cullity J. in failing to find that all of the bills were interim rather than final and, secondarily, in failing to find the presence of special circumstances. The question whether bills are interim or final is a question of fact. Cullity J. found as a fact that they were final and that the appellant knew or ought reasonably to have known this to be so. Cullity J. also specifically found as a fact, on a review of the record, that there were no special circumstances. There was evidence in the record to support these findings. We agree with them and see no reason to disturb them.

[2] Accordingly, the appeal is dismissed with costs, which we fix in the amounts of $3,000 for the respondent Assuras and $2,500 for the respondent Bennett Best Burn. These figures are inclusive of disbursements and G.S.T.