SA Capital Growth Corp. v. Mander Estate
The Court awarded costs to the successful party RSM Richter Inc., ordered those costs to be payable by the appellant personally rather than by the estate, and fixed the total award at $50,000 inclusive of disbursements and taxes for all proceedings including motion, stay, appeal and cross-appeal.
Source-derived case information.
- Citation
- 2012 ONCA 768
- Parties
- Applicant: SA Capital Growth Corp.; Respondent: Christine Brooks as Executor of the Estate of Robert Mander, deceased; Respondent: E.M.B. Asset Group Inc.; Appellant / Moving Party: Peter Sbaraglia; Responding Party: RSM Richter Inc.; Responding Party: Ontario Securities Commission; Respondent: Tonin & Co. LLP and Peter Tonin
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 9 November 2012
- Procedural Posture
- Civil Appeal / Post Judgment Costs on Appeal (costs Endorsement Following Appeal and Cross Appeal)
- Outcome
- Appeal resolved as to costs: RSM Richter Inc. awarded costs payable personally by the appellant.
- Legal Topics
- Costs Award, Personal Liability for Costs, Appeal and Cross Appeal, Executor Liability
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
SA Capital Growth Corp.
Applicant
Christine Brooks as Executor of the Estate of Robert Mander, deceased
Respondent
E.M.B. Asset Group Inc.
Respondent
Peter Sbaraglia
Appellant / Moving Party
RSM Richter Inc.
Responding Party
Ontario Securities Commission
Responding Party
Tonin & Co. LLP and Peter Tonin
Respondent
Procedural Posture
Civil Appeal / Post Judgment Costs on Appeal (costs Endorsement Following Appeal and Cross Appeal)
Legal Issues
- 1 Whether the successful party (RSM Richter Inc.) is entitled to costs
- 2 Whether costs should be payable personally by the appellant or by the estate
- 3 What quantum of costs is appropriate for all proceedings including motion, stay, appeal and cross-appeal
Ratio Decidendi
The Court awarded costs to the successful party RSM Richter Inc., ordered those costs to be payable by the appellant personally rather than by the estate, and fixed the total award at $50,000 inclusive of disbursements and taxes for all proceedings including motion, stay, appeal and cross-appeal.
Court Disposition
Appeal resolved as to costs: RSM Richter Inc. awarded costs payable personally by the appellant.
Orders
- Costs awarded to RSM Richter Inc. in the amount of $50,000 inclusive of disbursements and taxes payable personally by the appellant; costs cover all proceedings including the motion, stay, appeal and cross-appeal.
Full Case Text
Judgment text and source record
1 paragraphs
SA Capital Growth Corp. v. Mander Estate Collection Decisions of the Court of Appeal Date 2012-11-09 Neutral citation 2012 ONCA 768 Docket numbers C55588 Judges Sharpe, Robert J.; Gillese, Eileen E.; Watt, David Subject Civil Decision Content COURT OF APPEAL FOR ONTARIO CITATION: SA Capital Growth Corp. v. Mander Estate, 2012 ONCA 768 DATE: 20121106 DOCKET: C55588 Sharpe, Gillese and Watt JJ.A. BETWEEN SA Capital Growth Corp. Applicant and Christine Brooks as Executor of the Estate of Robert Mander, deceased and E.M.B. Asset Group Inc. Respondents and Peter Sbaraglia Moving Party (Appellant, Respondent by way of cross-appeal) and RSM Richter Inc. and Ontario Securities Commission Responding Parties (Respondent, Appellant by way of cross-appeal) Kevin D. Toyne, for the appellant Peter Sbaraglia Matthew Gottlieb and Shannon Beddoe, for the respondent RSM Richter Inc. (now Duff & Phelps Canada Restructuring Inc.) Evan Cobb, for the applicant SA Capital Growth Corp. Jennifer Lynch, for the respondent Ontario Securities Commission Frank Lamie, for Tonin & Co. LLP and Peter Tonin Heard: October 2, 2012 On appeal from the order of Justice L.A. Pattillo of the Superior Court of Justice, dated May 23, 2012, with reasons reported at 2012 ONSC 2800, 110 O.R. (3d) 765. COSTS ENDORSEMENT [1] We have now received and considered the submissions of the parties as to costs. In our view, as the successful party, the respondent RSM Richter Inc. is entitled to costs. Those costs are payable by the appellant personally, not the estate of Robert Mander. In all the circumstances, we fix the costs of all proceedings including the motion, stay, appeal and cross-appeal at $50,000 inclusive of disbursements and taxes. “Robert J. Sharpe J.A.” “E.E. Gillese J.A.” “David Watt J.A.”