Gerald Anthony

The court addresses costs and pre-judgment interest following the successful actions of Gary and Jennifer McKenzie against Fabco Holdings Inc., Jaymor Specialty Housing General Partner Inc., Your Community Realty Inc., and Gerald Anthony (also known as Gerald Van Erp).

The McKenzies were awarded substantial indemnity costs and pre-judgment interest in both the "Fabco claim" and the "Title claim," with the court apportioning costs between the defendants based on their conduct and the complexity of the litigation.

The decision discusses the principles guiding costs awards, including proportionality, indemnity, and the impact of vexatious conduct.

The appellants moved to set aside an order by a single judge of the Court of Appeal that dismissed their appeal for failure to perfect, arguing that such an order could only be made by a panel.

The Court of Appeal dismissed the appellants' motion, affirming that a single judge has jurisdiction under Rule 61.16(5) to determine a motion to set aside a Registrar's dismissal order and to grant or refuse leave for such a request, thereby leaving the Registrar's dismissal order in effect.

The respondent's cross-motion was also dismissed as moot or inappropriate.