Court of Appeal for Ontario
Before: Goudge, Gillese and Pepall JJ.A.
Between:
Anthony Marjadsingh, personally, Sharon Marjadsingh, Kathy Lochan, Joshua Marjadsingh, Kyle Marjadsingh and Taylor Marjadsingh, minors by their litigation guardian, Anthony Marjadsingh
Plaintiffs (Appellants)
and
Harmeet Walia
Defendant (Respondent)
and
St. Dimitar Bulgarian Eastern Orthodox Church
Third Party (Respondent)
Counsel:
Howard W. Reininger, for the appellants
Ashley Artopoulo and Maria Abdoullaeva, for the respondent Harmeet Walia
Kevin Bridel, for the respondent St. Dimitar Bulgarian Eastern Orthodox Church
Heard: May 22, 2013
On appeal from the judgment of Justice Beth A. Allen of the Superior Court of Justice, dated November 23, 2012.
APPEAL BOOK ENDORSEMENT
1In our view there was no surprise or prejudice to the appellant due to the release and the settlement issue being raised. We would therefore give no effect to the appellant’s first argument. We also agree entirely with the motion judge’s disposition of the issue and with her thorough reasons.
2We would however grant leave and allow the appeal from the costs order. No request for more than partial indemnity was made and we see no basis for doing so here. The costs order below is set aside and an order of costs is made as follows: to the respondent Walia in the amount of $8800 inclusive of disbursements and HST and to the respondent St. Dimitar in the amount of $5000 inclusive of disbursements and HST.
3Costs of the appeal to these respondents in the amounts of $7000 and 4000 respectively all inclusive.