Zeppieri & Associates v. Aslan, 2011 ONCA 756

CITATION: Zeppieri & Associates v. Aslan, 2011 ONCA 756

DATE: 20111129

DOCKET: C53746

COURT OF APPEAL FOR ONTARIO

Doherty, Armstrong JJ.A. and Hoy J. (ad hoc)

BETWEEN

Zeppieri & Associates

Solicitors (Appellants in Appeal)

and

Merry Aslan

Client (Respondent in Appeal)

Counsel:

Gregory Gryguc, for the solicitors (appellants)

Danny Kastner, for the client (respondent)

Heard: November 28, 2011

On appeal from the order of Justice Conway of the Superior Court of Justice dated April 29, 2011.

APPEAL BOOK ENDORSEMENT

[1] This is a second appeal from the decision of the assessment officer. He reduced the solicitors’ fees by virtue of their failure to make the costs consequences of the tactics being insisted upon by the client, clear to the client. It is agreed that the failure to adequately advise the client of the costs consequences can properly be factored into the assessment decision. Counsel for the solicitors submit, however, that the assessment officer’s finding is unreasonable and contrary to all of the evidence.

[2] The motion judge rejected this submission and so do we. No doubt, the steps taken by counsel would in many cases be sufficient, however, the specific circumstances of this case, and in particular this client, were found by the assessment officer to require extra efforts to make the harsh realities of the costs consequences clear to the client. The assessment officer found that the consequences were not made clear to this client. That finding was not unreasonable.

[3] The appeal is dismissed. Costs to the respondent in the amount of $4,000 “all in”.