Superior Court of Justice - Ontario
CITATION: Menzies Lawyers Professional Corporation v. Andersen, 2017 ONSC 4805
COURT FILE NO.: 16-70606
DATE: 20170810
RE: MENZIES LAWYERS PROFESSIONAL CORPORATION, Applicant
-and-
ERIKA ANDERSEN, Respondent
BEFORE: Mr. Justice Robert Smith
COUNSEL: Jonathan S. Solomon, for the Plaintiff/Applicant
Bruce F. Simpson, for the Defendant/Respondent
HEARD: By written submissions
ENDORSEMENT
[1] The Applicant seeks costs of $2500 for a solicitor’s lien application with regards to a direction to pay an amount from the proceeds of sale to Menzies Lawyers.
[2] The matter was successfully resolved in the Applicant’s favour on the morning that the application was to be heard. The Applicant states that the Respondent refused to advise Menzies Lawyers of the name of the new solicitor handling the sale which necessitated the application. The Respondent submits that she advised the Applicant of the name of the lawyer handling the sale who agreed to hold funds in trust until the parties could agree or the court ruled on the disposition.
[3] The assessment officer had reduced the Applicant’s fees by $22,000 and the Applicant has appealed.
[4] The Respondent submits that the application was not opposed and was not necessary because the irrevocable direction had been sent to the new solicitor handling the sale, and she had agreed to hold funds in trust.
[5] I am unable to decide the credibility issues, but the Applicant was successful in bringing an application which may not have been necessary.
Disposition
[6] In the circumstances, costs are awarded to the Applicant in the amount of $750 inclusive of disbursements, plus HST.
Mr. Justice Robert Smith
Date: August 10, 2017
CITATION: Menzies Lawyers Professional Corporation v. Andersen, 2017 ONSC 4805
COURT FILE NO.: 16-70606
DATE: 20170810
ONTARIO
SUPERIOR COURT OF JUSTICE
RE: MENZIES LAWYERS PROFESSIONAL CORPORATION, Applicant
-and-
ERIKA ANDERSEN, Respondent
BEFORE: Mr. Justice Robert Smith
COUNSEL: Jonathan S. Solomon, for the Applicant
Bruce F. Simpson, for the Respondent
costs ENDORSEMENT
R. Smith J.
Released: August 10, 2017