Court of Appeal for Ontario
Before: Winkler C.J.O., Gillese and Armstrong JJ.A.
Between:
Adam J. Ezer Appellant (Applicant)
and
Daniel Danzig and Macquarie Capital Markets Canada Ltd. Respondents (Respondents)
Counsel: Adam J. Ezer, Appellant in-person Georgina Starkman Danzig, for the respondent Daniel Danzig Andrew Finkelstein, for the respondent Macquarie Capital Markets Canada Ltd.
Heard: February 18, 2010
On appeal from the order of Justice A. Hoy of the Superior Court of Justice dated July 28, 2009.
APPEAL BOOK ENDORSEMENT
1We would dismiss this appeal for the reasons given by Hoy J. In so doing, we wish to echo Hoy J.’s observation that the doctrine of collateral attack is a complete answer to the appellant’s application for declaratory relief under the Charter. The appeal on the merits is dismissed.
2Mr. Ezer also raised the correctness of the substantial indemnity costs award of Hoy J. We agree that there was no basis to make a substantial indemnity costs award in this case. Accordingly, we would grant leave to appeal the costs award and allow the appeal by substituting the partial indemnity costs figures agreed to by counsel and specified in her decision. Due to the partial success, the respondents shall have their costs fixed on a partial indemnity basis in the amount of $5,000, all in, to be divided as they see fit.