Tataryn v. Diamond & Diamond Lawyers LLP
The court accepted the parties' joint submission and exercised its discretion to fix the appellants' liability for the respondent's costs of the appeal at $30,000 inclusive of disbursements and applicable tax.
Source-derived case information.
- Citation
- 2025 ONCA 133
- Parties
- Appellant: William Tataryn; Appellant: Daya Nand Rajan; Respondent: Diamond & Diamond Lawyers LLP
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 21 February 2025
- Procedural Posture
- Class Proceeding Appeal / Court of Appeal Decision on Costs
- Outcome
- Appeal costs ordered against the appellants.
- Legal Topics
- Costs Award, Consent Costs, Court Discretion
- 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
William Tataryn
Appellant
Daya Nand Rajan
Appellant
Diamond & Diamond Lawyers LLP
Respondent
Procedural Posture
Class Proceeding Appeal / Court of Appeal Decision on Costs
Legal Issues
- 1 Whether the appellants should be ordered to pay the respondent's costs of the appeal
- 2 What amount should be fixed for the respondent's costs of the appeal
Ratio Decidendi
The court accepted the parties' joint submission and exercised its discretion to fix the appellants' liability for the respondent's costs of the appeal at $30,000 inclusive of disbursements and applicable tax.
Court Disposition
Appeal costs ordered against the appellants.
Orders
- The appellants shall pay the respondent’s costs of the appeal fixed in the amount of $30,000 inclusive of disbursements and applicable tax.
Full Case Text
Judgment text and source record
1 paragraphs
Tataryn v. Diamond & Diamond Lawyers LLP Collection Decisions of the Court of Appeal Date 2025-02-21 Neutral citation 2025 ONCA 133 Docket numbers COA-23-CV-1285 Judges Pepall, Sarah E.; Miller, Bradley; Wilson, Darla A. Subject Civil Decision Content COURT OF APPEAL FOR ONTARIO CITATION: Tataryn v. Diamond & Diamond Lawyers LLP, 2025 ONCA 133 DATE: 20250221 DOCKET: COA-23-CV-1285 Pepall, Miller and Wilson JJ.A. BETWEEN William Tataryn and Daya Nand Rajan Plaintiffs (Appellants) and Diamond & Diamond Lawyers LLP Defendant (Respondent) Proceeding under the Class Proceedings Act, 1992 Peter I. Waldmann and Matthew J. Armstrong, for the appellants Milton A. Davis, Ronald D. Davis and Teodora Obradovic, for the respondent Heard: September 3, 2024 On appeal from the order of Justice Edward M. Morgan of the Superior Court of Justice, dated November 1, 2023, with reasons reported at 2023 ONSC 6165. COSTS ENDORSEMENT [1] As jointly submitted by the appellants and the Law Foundation of Ontario, the appellants shall pay the respondent’s costs of the appeal fixed in the amount of $30,000 inclusive of disbursements and applicable tax. “S.E. Pepall J.A.” “B.W. Miller J.A.” “D.A. Wilson J.A.”