Momentous.ca Corporation v. Canadian American Association of Professional Baseball Ltd.
The court held that the respondents were entitled to costs of the appeal on a partial indemnity basis and exercised its discretion to fix those costs at $15,000 for the League respondents, $5,000 for the City of Ottawa and $5,000 for Miles Wolff, each amount inclusive of disbursements and applicable taxes.
Source-derived case information.
- Citation
- 2010 ONCA 886
- Parties
- Appellant: Momentous.ca Corporation; Appellant: Rapidz Sports and Entertainment Inc.; Appellant: Rapidz Baseball Club Inc.; Appellant: Zip.ca Inc.; Respondent: Canadian American Association of Professional Baseball Ltd.; Respondent: Inside the Park LLC; Respondent: Greg Lockard; Respondent: Dan Moushon; Respondent: Bruce Murdoch; Respondent: City of Ottawa; Respondent: Miles Wolff
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 21 December 2010
- Procedural Posture
- Civil / Court of Appeal – Appeal From Superior Court of Justice Order Dated November 24, 2009 and Costs Order Dated January 5, 2010
- Outcome
- Respondents awarded costs of the appeal on a partial indemnity basis.
- Legal Topics
- Costs of Appeal, Partial Indemnity Costs, Fixing Quantum of Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Momentous.ca Corporation
Appellant
Rapidz Sports and Entertainment Inc.
Appellant
Rapidz Baseball Club Inc.
Appellant
Zip.ca Inc.
Appellant
Canadian American Association of Professional Baseball Ltd.
Respondent
Inside the Park LLC
Respondent
Greg Lockard
Respondent
Dan Moushon
Respondent
Bruce Murdoch
Respondent
City of Ottawa
Respondent
Miles Wolff
Respondent
Procedural Posture
Civil / Court of Appeal – Appeal From Superior Court of Justice Order Dated November 24, 2009 and Costs Order Dated January 5, 2010
Legal Issues
- 1 Whether respondents are entitled to costs of the appeal on a partial indemnity basis
- 2 What quantum of costs is appropriate for each respondent
Ratio Decidendi
The court held that the respondents were entitled to costs of the appeal on a partial indemnity basis and exercised its discretion to fix those costs at $15,000 for the League respondents, $5,000 for the City of Ottawa and $5,000 for Miles Wolff, each amount inclusive of disbursements and applicable taxes.
Court Disposition
Respondents awarded costs of the appeal on a partial indemnity basis.
Orders
- League respondents awarded $15,000.00 inclusive of disbursements and applicable taxes.
- City of Ottawa awarded $5,000.00 inclusive of disbursements and applicable taxes.
Full Case Text
Judgment text and source record
1 paragraphs
Momentous.ca Corporation v. Canadian American Association of Professional Baseball Ltd. Collection Decisions of the Court of Appeal Date 2010-12-21 Neutral citation 2010 ONCA 886 Docket numbers C51406 Judges Laskin, John Ivan; Gillese, Eileen E.; Juriansz, Russell G. Subject Civil Decision Content CITATION: Momentous.ca Corporation v. Canadian American Association of Professional Baseball Ltd., 2010 ONCA 886 DATE: 20101221 DOCKET: C51406 COURT OF APPEAL FOR ONTARIO Laskin, Gillese and Juriansz JJ.A. BETWEEN Momentous.ca Corporation, Rapidz Sports and Entertainment Inc., Rapidz Baseball Club Inc. and Zip.ca Inc. Plaintiffs (Appellants) and Canadian American Association of Professional Baseball Ltd., Inside the Park LLC, Greg Lockard, Dan Moushon, Bruce Murdoch, City of Ottawa and Miles Wolff Defendants (Respondents) Susan M. Brown, for the appellants Eric M. Appotive, for the respondent, Miles Wolff Pasquale Santini and Samantha H. Iturregui, for the respondents, Canadian American Association of Professional Baseball Ltd., Inside the Park LLC, Greg Lockard, Dan Moushon and Bruce Murdoch Benoit M. Duchesne, for the respondent, City of Ottawa Heard: April 23, 2010 On appeal from the order of Justice Lynn Ratushny of the Superior Court of Justice, dated November 24, 2009, and the costs order dated January 5, 2010. COSTS ENDORSEMENT [1] The respondents are entitled to their costs of this appeal on a partial indemnity basis. We fix those costs as follows: · The League respondents: $15,000.00 · City of Ottawa: $5,000.00 · Miles Wolff: $5,000.00 [2] All amounts are inclusive of disbursements and applicable taxes. “John Laskin J.A.” “E.E. Gillese J.A.” “R.G. Juriansz J.A.”