Court of Appeal for Ontario

Date: 2017-09-08 Docket: C61576

Justices: Lauwers, Hourigan and Benotto JJ.A.

Between

Callum Bruff-Murphy and Hope Bruff-McArthur by their Litigation Guardian Liese Bruff-McArthur, Liese Bruff-McArthur personally, and Richard McArthur

Plaintiffs (Appellants)

and

Neloni Gunawardena

Defendant (Respondent)

Counsel

Geoffrey D.E. Adair, for the appellants

Daniel I. Reisler and Jessica L. Kuredjian, for the respondent

Hearing and Appeal

Heard: May 15, 2017

On appeal from the judgment of Justice Paul B. Kane of the Superior Court of Justice, sitting with a jury, dated August 22, 2016.

Costs Endorsement

[1] In reasons dated May 15, 2017, the appeal was allowed and the appellants were awarded costs of the appeal in the amount of $22,000.

[2] The parties have filed written submissions regarding the costs of the trial. After consideration of same, we order that the costs of the trial be reserved to the discretion of the judge presiding over the re-trial.

P. Lauwers J.A.

C.W. Hourigan J.A.

M.L. Benotto J.A.