When will a motion judge decline to confirm an assessment officer’s report and certificate?
Ontario, Canada
The following excerpt is from Bales Beall LLP v. Fingrut, 2013 ONCA 266 (CanLII):
In these circumstances, the motion judge was fully justified in declining to confirm the assessment officer’s report and certificate, and in undertaking his own evaluation of the reasonableness of the solicitors’ bill of costs based on the factors outlined by this court in Cohen v. Kealey & Blaney, [1985] O.J. No. 160. While we might have approached certain of those factors in a manner that differs from the approach employed by the motion judge, we see no reversible error in his analysis or in his award of fees and disbursements to the solicitors.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can a motion judge interfere with the analysis and conclusion of a judge's assessment of the nature of the expression? (Ontario, Canada)
What is the effect of a motion judge's order of the motions judge on a support order? (Ontario, Canada)
What is the role of the motions judge in deciding a motion for summary judgment? (Ontario, Canada)
What is the test for appellate judges to review a discretionary decision by a motions judge? (Ontario, Canada)
What is the test for a motions judge to dismiss a motion for personal injury? (Ontario, Canada)
What is the test for a Motion 14B Motion to obtain assistance from a case management judge? (Ontario, Canada)
What is the consequence of a motion judge's decision not to bifurcate the liability and penalty phases of a contempt motion? (Ontario, Canada)
Is an assessment report to be used on a motion to change the status quo at trial? (Ontario, Canada)
What is the discretionary power of a judge hearing a contempt motion to decline to impose a finding where it would work an injustice in the circumstances of the case? (Ontario, Canada)
What is the basis to overturn a motion judge’s ruling that the valuation evidence tendered after cross-examinations is not admissible on the motion? (Ontario, Canada)
