Alessandra Ottaviano

The appellants abandoned their appeal on the eve of the hearing.

The decision addresses the issue of costs arising from the abandoned appeal.

The appellants argued against a costs award, citing an offer to settle.

The respondents, specifically the Estate of YYY and XXX, sought costs on a full or substantial indemnity basis, alleging the appeal constituted an abuse of process.

The court rejected both arguments, finding the offer to settle did not preclude a costs award and that the appeal, despite its procedural history, was not an abuse of process.

The respondents Estate of YYY and XXX were awarded $30,000 in all-inclusive costs from the appellants.

The Court of Appeal for Ontario heard a motion to quash an appeal regarding the appointment of a litigation administrator.

The moving parties argued that the appointment was an interlocutory order and therefore not appealable to the Court of Appeal.

The responding parties contended that the order became final because it was joined with a final order validating a provisional opt-out form.

The Court found that the appointment of a litigation administrator is an interlocutory order, distinct from decisions made under that authority.

Consequently, the appeal from the order appointing the litigation administrator was quashed, while the appeal concerning the opt-out form remained.