Bennett Law Chambers Professional Corporation v. Zareh
The appellants' signed authorization and direction precluded them from disputing the respondent’s right to assess all the accounts; therefore the motion judge's order stands and the appeal is dismissed.
Source-derived case information.
- Citation
- 2014 ONCA 386
- Parties
- Respondent: Bennett Law Chambers Professional Corporation; Appellant: Akbar Zareh; Appellant: Kingsway Estate Brokerage; Appellant: Maxcom Realty Inc.
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 15 May 2014
- Procedural Posture
- Collection / Appeal From Superior Court of Justice (motion)
- Outcome
- Appeal dismissed
- Legal Topics
- Assessment of Accounts, Authorization and Direction, Right to Assess, Dismissal With Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Bennett Law Chambers Professional Corporation
Respondent
Akbar Zareh
Appellant
Kingsway Estate Brokerage
Appellant
Maxcom Realty Inc.
Appellant
Procedural Posture
Collection / Appeal From Superior Court of Justice (motion)
Legal Issues
- 1 Whether the appellants are precluded from disputing the respondent’s right to assess the accounts given the authorization and direction they signed
- 2 Whether the Court of Appeal should interfere with the motion judge's decision
Ratio Decidendi
The appellants' signed authorization and direction precluded them from disputing the respondent’s right to assess all the accounts; therefore the motion judge's order stands and the appeal is dismissed.
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed with costs fixed at $2500 all in
Full Case Text
Judgment text and source record
1 paragraphs
Bennett Law Chambers Professional Corporation v. Zareh Collection Decisions of the Court of Appeal Date 2014-05-15 Neutral citation 2014 ONCA 386 Docket numbers C57955 Judges Laskin, John Ivan; Rouleau, Paul S.; Lauwers, Peter D. Subject Civil Decision Content COURT OF APPEAL FOR ONTARIO CITATION: Bennett Law Chambers Professional Corporation v. Zareh, 2014 ONCA 386 DATE: 20140512 DOCKET: C57955 Laskin, Rouleau and Lauwers JJ.A. IN THE MATTER OF THE SOLICITORS ACT BETWEEN Bennett Law Chambers Professional Corporation Solicitor (Respondent) and Akbar Zareh, Kingsway Estate Brokerage and Maxcom Realty Inc. Client (Appellants) Fredrick Schumann, for the appellants J. Sebastian Winny, for the respondent Heard: May 2, 2014 On appeal from the order of Justice Sandra Chapnik of the Superior Court of Justice, dated June 3, 2013. APPEAL BOOK ENDORSEMENT [1] We see no reason to interfere with the decision of the motion judge. In our view, the authorization and direction signed by the appellants precludes them from disputing the respondent’s right to assess all the accounts in issue. Accordingly, the appeal is dismissed with costs fixed at $2500 all in.