Bunt v. Assuras

The appeal is dismissed because the trial judge's factual findings that the bills were final, that the appellant knew or ought to have known this, and that there were no special circumstances were supported by evidence and therefore not reviewable on appeal.

Citation: C39824
Parties: Appellant/applicant: Michael Bunt; Respondent/solicitor: Angela Assuras; Respondent/solicitors Firm: Bennett Best Burn
Court: Court of Appeal for Ontario
Jurisdiction: Canada
Judgment Date: 27 November 2003
Procedural Posture: Solicitor's Act Appeal / Appeal From Superior Court Judgment
Outcome: Appeal dismissed
Legal Topics: Interim Vs Final Bills, Special Circumstances, Taxation of Solicitor's Bill, Appellate Review of Findings of Fact
Source Language: English

Civil Solicitor and Client Costs Interim Vs Final Bills Special Circumstances Taxation of Solicitor's Bill Appellate Review of Findings of Fact

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 1 Party arguments 2 Amounts and remedies 2

Parties

Michael Bunt

Appellant/applicant

Angela Assuras

Respondent/solicitor

Bennett Best Burn

Respondent/solicitors Firm

Procedural Posture

Solicitor's Act Appeal / Appeal From Superior Court Judgment

Legal Issues

1 Whether the bills were interim or final
2 Whether special circumstances existed to alter treatment of bills
3 Whether the appellate court should disturb the trial judge's factual findings

Ratio Decidendi

Court Disposition

Appeal dismissed

Orders

Appeal dismissed
Costs awarded to respondent Angela Assuras in the amount of $3,000 inclusive of disbursements and G.S.T.