Court of Appeal for Ontario

Citation: Ajax Unisex Salon & Spa Inc. v. Ezer Professional Corporation, 2011 ONCA 718

Date: 2011-11-15

Docket: C53586

Before: MacPherson, LaForme JJ.A., and Hackland J. (ad hoc)

Between:

Ajax Unisex Salon & Spa Inc. and Jenny Tran Clients (Appellants)

and

Ezer Professional Corporation Solicitor (Respondent)

Counsel: Yan David Payne, for the appellants Gary Luftspring, for the respondent

Heard: November 15, 2011

On appeal from the order of Justice Glenn A. Hainey of the Superior Court of Justice dated March 14, 2011.

APPEAL BOOK ENDORSEMENT

[1] On consent, the appeal is resolved as follows:

(1) The motion judge erred by concluding that Master Glustein’s order had to be set aside before he had jurisdiction to proceed with the motion. This is because Echlin J.’s order in effect superseded Master Glustein’s order and presaged the matter coming before a superior court judge like Hainey J.

(2) The corporate client can proceed directly to an assessment of its account.

(3) Ms. Tran cannot proceed to an assessment of the same account.

[2] The appeal is allowed on this basis.

[3] The appellant is entitled to its costs of the appeal fixed at $8000 inclusive of disbursements and HST. The $4000 in costs awarded below is set aside.

[4] The material in the record relating to third party health records is ordered to be sealed.