Court File and Parties
CITATION: MacMull v. Labow, 2020 ONSC 423
DIVISIONAL COURT FILE NO.: 043/19
DATE: 20200121
ONTARIO SUPERIOR COURT OF JUSTICE DIVISIONAL COURT
D.L. CORBETT, FAVREAU and GOMERY JJ.
BETWEEN:
RONI MACMULL
Vanessa A. Ibe, for the Appellant (Respondent)
Appellant
– and –
STEPHEN M. LABOW BARRISTER SOLICITOR
Jeffrey Radnoff, for the Respondent (Appellant)
Respondent
HEARD at Toronto: January 21, 2020
Oral Reasons for Judgment
D.L. CORBETT J. (Orally)
[1] Despite appellant counsel’s able presentation, for the reasons that follow the appeal is dismissed.
[2] Justice Lederer found that the assessment officer applied the correct test and that his findings of fact did not disclose a palpable and overriding error. We see no error in these conclusions.
[3] We do not agree with appellant counsel’s argument that the assessment officer erred in law by double-counting certain factors in the Cohen v. Kealey analysis. The assessment officer reviewed each factor and then quite properly balanced the factors to arrive at his conclusion.
[4] We also do not agree that the assessment officer erred in principle in finding that the underlying case was of average complexity; that finding was available on the record. Further, and in any event, complexity would not be a substantial factor in the overall analysis in this case, since the solicitor did not accomplish anything of value for his client.
[5] Costs to the respondent fixed at $6,500 inclusive, payable forthwith.
[6] I have endorsed the Appeal Book and Compendium as follows: “This appeal is dismissed, with costs of $6,500.00 payable by the appellant to the respondent forthwith, for oral reasons of D.L. Corbett J.”
D.L. Corbett J.
I agree
Favreau J.
I agree
Gomery J.
Date of Oral Reasons for Judgment: January 21, 2020
Date of Release: January 22, 2020
CITATION: MacMull v. Labow, 2020 ONSC 423
DIVISIONAL COURT FILE NO.: 043/19
DATE: 20200121
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
D.L. CORBETT, FAVREAU and GOMERY JJ.
BETWEEN:
RONI MACMULL
Appellant
– and –
STEPHEN M. LABOW BARRISTER SOLICITOR
Respondent
ORAL REASONS FOR JUDGMENT
D.L. CORBETT J.
Date of Oral Reasons for Judgment: January 21, 2020
Date of Release: January 22, 2020