Karbaliotis v. Anaheim Unit Inv., (1996) 89 O.A.C. 58 (CA)

• Judge: Catzman, Doherty and Rosenberg, JJ.A.
• Court: Court of Appeal (Ontario)
• Case Date: Tuesday February 20, 1996
• Jurisdiction: Ontario
• Citations: (1996), 89 O.A.C. 58 (CA)

Karbaliotis v. Anaheim Unit Inv. (1996), 89 O.A.C. 58 (CA)

MLB headnote and full text

Constantine E. Karbaliotis (judgment creditor/appellant) and Anaheim Unit Investors (judgment debtors/respondents)

(M17412 (C23278))

Indexed As: Karbaliotis v. Anaheim Unit Investors

Ontario Court of Appeal

Catzman, Doherty and Rosenberg, JJ.A.

February 20, 1996.

Summary:

A lawyer acted for about 160 investors in a tax-sheltered condominium project. His account was not paid. He had his account assessed by an assessment officer and had notices of garnishment issued. The investors moved to set aside the certifi­cate of assess­ment.

A judge ordered that the certificate of assessment be set aside and that a trial of an issue be directed. The lawyer appealed. The investors moved to quash the appeal.

The Ontario Court of Appeal allowed the motion.

Practice - Topic 8985

Appeals - When appeal available - From interlocutory judgment - An assessment officer assessed a lawyer's bill of fees, charges and disbursements - A judge set aside the certificate of assessment and ordered the trial of an issue respecting the liability of the clients to the lawyer - The lawyer appealed - The Ontario Court of Appeal quashed the appeal because the judge's decision did not finally dispose of the rights of the parties and was therefore an interlocutory order from which there was no appeal directly to the Court of Appeal.

Counsel:

None disclosed.

This motion was dealt with in writing on February 19, 1996, by Catzman, Doherty and Rosenberg, JJ.A., of the Ontario Court of Appeal.

The following judgment was endorsed on the appeal record and released on February 20, 1996.