Indcondo Building Corporation v. Sloan
The Court awarded the appellant costs: fixed $21,139.70 for the appeal, $3,138.39 for resisting the motion to set aside Armstrong J.A.'s order, and limited costs of $25,000 for the motion before Justice Mesbur; unopposed reasonable costs were fixed and costs for reversal that merely continued the action were limited...
Source-derived case information.
- Citation
- 2012 ONCA 619
- Parties
- Appellant: Indcondo Building Corporation; Respondent: Valerie Francis Sloan; Respondent: David Robin Sloan; Respondent: Cave Hill Properties Ltd.
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 21 September 2012
- Procedural Posture
- Civil Appeal / Costs Endorsement (court of Appeal)
- Outcome
- Costs awarded to the appellant as specified.
- Legal Topics
- Costs of Appeal, Costs on Motion, Resisting Motion to Set Aside Order
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Indcondo Building Corporation
Appellant
Valerie Francis Sloan
Respondent
David Robin Sloan
Respondent
Cave Hill Properties Ltd.
Respondent
Procedural Posture
Civil Appeal / Costs Endorsement (court of Appeal)
Legal Issues
- 1 Whether the appellant was entitled to costs of the appeal
- 2 Whether the appellant was entitled to costs for successfully resisting the motion to set aside the order of Armstrong J.A.
- 3 Whether the appellant was entitled to costs for the motion before Justice Mesbur and the appropriate quantum
Ratio Decidendi
The Court awarded the appellant costs: fixed $21,139.70 for the appeal, $3,138.39 for resisting the motion to set aside Armstrong J.A.'s order, and limited costs of $25,000 for the motion before Justice Mesbur; unopposed reasonable costs were fixed and costs for reversal that merely continued the action were limited to the motion itself.
Court Disposition
Costs awarded to the appellant as specified.
Orders
- Respondents to pay to the appellant costs of the appeal totaling $21,139.70.
- Respondents to pay to the appellant costs for resisting the motion to set aside totaling $3,138.39.
Full Case Text
Judgment text and source record
1 paragraphs
Indcondo Building Corporation v. Sloan Collection Decisions of the Court of Appeal Date 2012-09-21 Neutral citation 2012 ONCA 619 Docket numbers C54391 Judges Goudge, Stephen Thomas; Sharpe, Robert J.; Juriansz, Russell G. Subject Civil Decision Content COURT OF APPEAL FOR ONTARIO CITATION: Indcondo Building Corporation v. Sloan, 2012 ONCA 619 DATE: 20120921 DOCKET: C54391 Goudge, Sharpe and Juriansz JJ.A. BETWEEN Indcondo Building Corporation Plaintiff (Appellant) and Valerie Francis Sloan, David Robin Sloan and Cave Hill Properties Ltd. Defendants (Respondents) P. James Zibarras and Trung Nguyen, for the appellant Philip P. Healey and Miranda Spence, for the respondents Heard: March 14, 2012 On appeal from the order of Justice Ruth E. Mesbur of the Superior Court of Justice, dated August 30, 2011. COSTS ENDORSEMENT [1] We have received and reviewed the costs submissions from the parties in this matter. [2] The respondents do not oppose the appellant’s request for costs of the appeal itself. We view them as reasonable. There are therefore fixed at $21,139.70 in total. [3] We also see no reason why the appellant should be deprived of costs for successfully resisting the motion to set aside the order of Armstrong J.A. We agree that the costs proposed by the appellant of $3,138.39 in total are reasonable and would so order. [4] As to the costs of the motion before Justice Mesbur, the appellant was successful in reversing the result. The consequence is that the action must continue. While the appellant is entitled to costs, they must be limited to the motion itself. We therefore order that the respondents pay to the appellant costs in the amount of $25,000 in total for the costs of that motion. “S.T. Goudge J.A.” “Robert J. Sharpe J.A.” “R.G. Juriansz J.A.”