Scott v. Elliott, Warne, Carter, (1983) 1 O.A.C. 62 (CA)

• Judge: Arnup, Dubin and Robins, JJ.A.
• Court: Court of Appeal (Ontario)
• Case Date: December 02, 1983
• Jurisdiction: Ontario
• Citations: (1983), 1 O.A.C. 62 (CA)

Scott v. Elliott, Warne, Carter (1983), 1 O.A.C. 62 (CA)

MLB headnote and full text

Scott v. Elliott, Warne, Carter

Indexed As: Scott v. Elliott, Warne, Carter

Ontario Court of Appeal

Arnup, Dubin and Robins, JJ.A.

December 12, 1983.

Summary:

This headnote contains no summary.

Practice - Topic 8370

Costs - Appeals from taxation - Duty of court, where reasons of the taxing officer are inadequate - A taxing officer ordered the reduction of a solicitor's account from $61,500 to $40,000 - On appeal a judge set aside the reduction because of the failure of the taxing officer to give adequate reasons - The Ontario Court of Appeal stated that the duty of the judge in such circumstances is to refer the matter back for re-taxation by another taxing officer.

Statutes Noticed:

Solicitors' Act, R.S.O. 1970, c. 478.

Counsel:

R.J. Rolls, Q.C., for the appellant, Marion Scott;

G.P. Sadvari, for the respondents, Elliott, Warne, Carter.

This appeal was heard by Arnup, Dubin and Robins, JJ.A., of the Ontario Court of Appeal on December 2, 1983. The judgment of the Court of Appeal was delivered orally by Arnup, J.A., on December 12, 1983.