COURT FILE NO.: CV-11-00421082-0000

DATE: 20121025

SUPERIOR COURT OF JUSTICE – ONTARIO

IN THE MATTER OF THE SOLICITOR’S ACT

RE: JOY CASEY, Solicitor of the Superior Court of Ontario

AND:

SYLVIA SWEENEY, Client

BEFORE: Justice Ellen Macdonald

COUNSEL:
Ellen A.S. Low , for the Solicitor
Sylvia Sweeney , Self-Represented

HEARD: October 22, 2012

ENDORSEMENT

[ 1 ] This motion seeks and order to oppose confirmation of the Report and Certificate of Hearing Officer Ittleman dated May 14, 2012. Ms. Casey failed to attend at the assessment hearing due to inadvertence on her part. She thought that the hearing date was May 15, 2012. In her absence, her account was assessed at $0 and she was ordered to pay $200 in costs to Ms. Sweeney.

Factual Background

[ 2 ] On May 14, 2012, Ms. Casey was preparing for the hearing. She received a voice mail from a lawyer/friend who was at the assessment office on another matter. He heard Ms. Casey’s name being called out. She picked up the message at approximately 10:30 a.m. She then realized that she had the wrong date in her calendar. She rushed to the assessment hearing room at 330 University Avenue getting there at 11:00 A.M. Upon her arrival, there was no one in the hearing room. She went immediately to the Assessment Office where she was told that matter had already been dealt with. She was given a copy of the endorsement of the Hearing Officer.

[ 3 ] In paragraph 19 of her affidavit sworn on October 10, 2012, Ms. Casey stated:

I always intended to proceed with the assessment and missed the hearing because of my mistake in putting the wrong date in my calendar. I have done a considerable amount of work for Ms. Sweeney since 2004 and there is no prejudice in having the assessment of my account determined on its merits.

[ 4 ] I am satisfied that Ms. Casey always intended to proceed with the assessment. She missed the hearing because of her mistake in putting the wrong date in her calendar.

[ 5 ] In these circumstances, the decision of Hearing Officer Ittleman is set aside. The matter is to be returned for a full hearing before an Assessment Officer on the next available date in the Assessment Office.

Ellen Macdonald J.

Date: October 25, 2012