Court File and Parties

CITATION: Robins, Appleby & Taub LLP v. Dale-Avon Apartments Ltd., 2010 ONCA 48

DATE: 20100122

DOCKET: C50913

COURT OF APPEAL FOR ONTARIO

Simmons, Cronk and LaForme JJ.A.

BETWEEN

Irving Marks and Robins, Appleby & Taub LLP

Defendants (Appellants)

and

Dale-Avon Apartments Ltd.

Plaintiff (Respondent)

David Taub, for the appellants

Vito S. Scalisi, for the respondent

Heard and Endorsed: January 8, 2010

On appeal from the order of Justice E. Stewart of the Superior Court of Justice dated August 6, 2009.

APPEAL BOOK ENDORSEMENT

[1] The issue for the application judge was whether the solicitors’ accounts were interim or final. This is a question of fact. The evidence the application judge relied on supports her conclusion that the accounts were interim.

[2] Although there was some other evidence indicating that the accounts were final, we are not persuaded that the totality of that evidence required the conclusion that the accounts were final. On the record before her, it was open to the application judge to conclude that the accounts were interim. In the circumstances, we are not persuaded that the application judge made a palpable and overriding error in holding that the accounts were interim. Nor are we persuaded that she erred in her understanding or application of the relevant law.

[3] The appeal is therefore dismissed.

[4] Costs of the appeal are to the respondent fixed at $5000.00 inclusive of disbursements and GST.