Park Lawn Corporation v. Kahu Capital Partners Ltd.
The Court exercised its discretion to award the respondent costs of the appeal on a partial indemnity scale and fixed the amount at $27,689.52 inclusive of HST, ordering the appellants to pay that amount.
Source-derived case information.
- Citation
- 2023 ONCA 202
- Parties
- Appellant: Park Lawn Corporation; Appellant: J. Bradley Green; Respondent: Kahu Capital Partners Ltd.; Defendant: Benedict Cheng; Defendant: Alexander Zivic
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 21 March 2023
- Procedural Posture
- Civil / Appeal — Costs Endorsement
- Outcome
- Appellants ordered to pay respondent's costs of the appeal
- Legal Topics
- Costs, Partial Indemnity, Costs on Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Park Lawn Corporation
Appellant
J. Bradley Green
Appellant
Kahu Capital Partners Ltd.
Respondent
Benedict Cheng
Defendant
Alexander Zivic
Defendant
Procedural Posture
Civil / Appeal — Costs Endorsement
Legal Issues
- 1 Whether the appellants should be ordered to pay the respondent's costs of the appeal
- 2 Appropriate scale of costs (partial indemnity)
- 3 Appropriate quantum of costs to be fixed
Ratio Decidendi
The Court exercised its discretion to award the respondent costs of the appeal on a partial indemnity scale and fixed the amount at $27,689.52 inclusive of HST, ordering the appellants to pay that amount.
Court Disposition
Appellants ordered to pay respondent's costs of the appeal
Orders
- Appellants to pay Kahu Capital Partners Ltd. its costs of the appeal fixed in the amount of $27,689.52 inclusive of HST on a partial indemnity scale.
Full Case Text
Judgment text and source record
1 paragraphs
Park Lawn Corporation v. Kahu Capital Partners Ltd. Collection Decisions of the Court of Appeal Date 2023-03-21 Neutral citation 2023 ONCA 202 Docket numbers C70870 Judges Pepall, Sarah E.; Trotter, Gary T.; Thorburn, Julie Subject Civil Decision Content COURT OF APPEAL FOR ONTARIO CITATION: Park Lawn Corporation v. Kahu Capital Partners Ltd., 2023 ONCA 202 DATE: 20230321 DOCKET: C70870 Pepall, Trotter and Thorburn JJ.A. BETWEEN Park Lawn Corporation Plaintiff and Kahu Capital Partners Ltd., Benedict Cheng and Alexander Zivic Defendant AND BETWEEN Kahu Capital Partners Ltd. Plaintiff by Counterclaim (Respondent) and Park Lawn Corporation and J. Bradley Green Defendants by Counterclaim (Appellants) Robert W. Staley, Nathan J. Shaheen and Andrew N. Sahai, for the appellants Joseph Groia and Bethanie Pascutto, for the respondent Heard: November 1, 2022 On appeal from the order of Justice Paul M. Perell of the Superior Court of Justice, dated June 3, 2022, with reasons reported at 2022 ONSC 3341, 162 O.R. (3d) 7. COSTS ENDORSEMENT [1] The appellants are to pay Kahu Capital Partners Ltd. its costs of the appeal fixed in the amount of $27,689.52 inclusive of HST on a partial indemnity scale. “S.E. Pepall J.A.” “Gary Trotter J.A.” “J.A. Thorburn J.A.”