CITATION: Wouters Poultry Farm Ltd. v. Richard J. Mazar Professional Corporation, 2009 ONCA 647

DATE: 20090911

DOCKET: C50550

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

[1] We 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.

[2] The appeal is dismissed.

[3] The appellant shall pay the respondent’s costs of the appeal fixed in the amount of $4,000, inclusive of disbursements and GST.