Case information
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40178
OZ Optics Ltd., et al. v. Victor Ages Vallance LLP
(Ontario) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2022-12-13 | Close file on Leave | |
| 2022-12-01 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2022-12-01 | Judgment on leave sent to the parties | |
| 2022-12-01 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C69386, 2022 ONCA 169, dated March 1st, 2022, is dismissed with costs. Dismissed, with costs |
|
| 2022-10-31 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2022-07-05 | Certificate (on limitations to public access), (Letter Form), (Printed version due on 2022-07-12) | Victor Ages Vallance LLP |
| 2022-06-17 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2022-07-05, (Printed version filed on 2022-06-17) | OZ Optics Ltd. |
| 2022-06-13 | Notice of name, (Letter Form), (Printed version due on 2022-06-20) | Victor Ages Vallance LLP |
| 2022-06-13 | Respondent's response on the application for leave to appeal, (Book Form), require: 23A (rec'd 2022-07-05), Completed on: 2022-07-19, (Printed version due on 2022-06-20) | Victor Ages Vallance LLP |
| 2022-06-07 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED 2022-06-07 | |
| 2022-04-27 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2022-04-27) | OZ Optics Ltd. |
| 2022-04-27 | Notice of name, (Letter Form), (Printed version filed on 2022-04-27) | OZ Optics Ltd. |
| 2022-04-27 | Application for leave to appeal, (Book Form), Completed on: 2022-04-27, (Printed version filed on 2022-04-27) | OZ Optics Ltd. |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| OZ Optics Ltd. | Applicant | Active |
| OZ Merchandising Inc. | Applicant | Active |
| Ottawa Wizards | Applicant | Active |
| OZ Dome Soccer Club | Applicant | Active |
| Sezerman, Omur | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Victor Ages Vallance LLP | Respondent | Active |
Counsel
Party: OZ Optics Ltd.
Counsel
221 Westbrook Road
Carp, Ontario
K0A 1L0
Telephone: (613) 831-0981 Ext: 3188
FAX: (613) 271-4817
Email: NKarnis@ozoptics.com
Agent
1800 - 275 Slater Street
Ottawa, Ontario
K1P 5H9
Telephone: (613) 691-1224
FAX: (613) 691-1338
Email: mdillon@supremelawgroup.ca
Party: OZ Merchandising Inc.
Counsel
221 Westbrook Road
Carp, Ontario
K0A 1L0
Telephone: (613) 831-0981 Ext: 3188
FAX: (613) 271-4817
Email: NKarnis@ozoptics.com
Agent
1800 - 275 Slater Street
Ottawa, Ontario
K1P 5H9
Telephone: (613) 691-1224
FAX: (613) 691-1338
Email: mdillon@supremelawgroup.ca
Party: Ottawa Wizards
Counsel
221 Westbrook Road
Carp, Ontario
K0A 1L0
Telephone: (613) 831-0981 Ext: 3188
FAX: (613) 271-4817
Email: NKarnis@ozoptics.com
Agent
1800 - 275 Slater Street
Ottawa, Ontario
K1P 5H9
Telephone: (613) 691-1224
FAX: (613) 691-1338
Email: mdillon@supremelawgroup.ca
Party: OZ Dome Soccer Club
Counsel
221 Westbrook Road
Carp, Ontario
K0A 1L0
Telephone: (613) 831-0981 Ext: 3188
FAX: (613) 271-4817
Email: NKarnis@ozoptics.com
Agent
1800 - 275 Slater Street
Ottawa, Ontario
K1P 5H9
Telephone: (613) 691-1224
FAX: (613) 691-1338
Email: mdillon@supremelawgroup.ca
Party: Sezerman, Omur
Counsel
221 Westbrook Road
Carp, Ontario
K0A 1L0
Telephone: (613) 831-0981 Ext: 3188
FAX: (613) 271-4817
Email: NKarnis@ozoptics.com
Agent
1800 - 275 Slater Street
Ottawa, Ontario
K1P 5H9
Telephone: (613) 691-1224
FAX: (613) 691-1338
Email: mdillon@supremelawgroup.ca
Party: Victor Ages Vallance LLP
Counsel
112 Lisgar Street
Ottawa, Ontario
K2P 0C2
Telephone: (613) 238-8952
FAX: (613) 238-8949
Email: dcutler@vvblawyers.com
Summary
Keywords
Law of professions — Barristers and solicitors — Solicitors’ costs — Assessment of bills — Appeals — Lower courts confirming assessment by assessment officer of four accounts of former solicitors — Whether s. 3 of the Ontario Solicitors Act, R.S.O. 1990, c. S.15, should be interpreted as permitting assessment officer to determine issues as to scope of solicitor’s retainer.
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
An application was brought by the solicitor respondents against the four applicant OZ entities and its principal, Omur Sezerman for an assessment of accounts owing. An assessment order was issued under s. 3 of the Ontario Solicitors Act, R.S.O. 1990, c. S.15. A motion to set aside the assessment order was dismissed. The assessment officer assessed each of the accounts and confirmed the requested total of $148, 120.95. The OZ entities appealed the assessment to the Superior Court where the certificate of assessment was confirmed. The appeal to the Court of Appeal was dismissed.
Lower court rulings
Ontario Superior Court of Justice
14-62787
Motion to review decision of assessment officer dismissed. Certificate of assessment confirmed.
Court of Appeal for Ontario
2022 ONCA 169, C69386
Appeal dismissed.
Memorandums of argument on application for leave to appeal
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filing out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
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Related links
Factums on appeal
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available