Court of Appeal for Ontario

Citation: Mendes v. Blaisdale Montessori School, 2014 ONCA 821 Date: 2014-11-19 Docket: C58972

Before: Hoy A.C.J.O., Epstein and Hourigan JJ.A.

Between:

Victoria Mendes and Richard Mendes, by his Litigation Guardian, Victoria Mendes Appellants

and

Blaisdale Montessori School Respondent

Counsel: Sergio Grillone, for the appellants Martin Smith and Desneiges Mitchell, for the respondent

Heard and released orally: November 7, 2014

On appeal from the order of Justice Frederick L. Myers of the Superior Court of Justice, dated May 26, 2014.

ENDORSEMENT

[1] The appellants argue that the motion judge erred in the exercise of his discretion in concluding that, in this case, he could avoid the need for a trial by using the expanded fact-finding powers under Rules 20.04(2.1) and (2.2).

[2] While the appellants did not seek leave to appeal costs, they also argue that this court should interfere with the partial indemnity costs award in the amount of $24,294 the motion judge awarded.

[3] The decision of a motion judge to exercise the new fact-finding powers under Rule 20.04(2.1) attracts deference. We are not satisfied that in deciding to exercise those powers the motion judge misdirected himself or came to a decision that is so clearly wrong that it resulted in an injustice. There is no basis to disturb his decision.

[4] Similarly, there is no reason to interfere with the costs award.

[5] This appeal is accordingly dismissed. Costs to the respondent are fixed in the amount of $4000, all inclusive.

“Alexandra Hoy A.C.J.O.” “Gloria Epstein J.A.” “C.W. Hourigan J.A.”