Court of Appeal for Ontario
Date: 20210106 Docket: C67799
Pepall, Hourigan and Roberts JJ.A.
BETWEEN
The Toronto-Dominion Bank Plaintiff (Appellant/Respondent by way of cross-appeal)
and
1633092 Ontario Ltd., 2362378 Ontario Inc., Matthew Rooney and Haley Rooney Defendants (Respondents/Appellants by way of cross-appeal)
Counsel: Oren Chaimovitch and Shawna Sosnovich, for the appellant/respondent in cross-appeal Andrew D. Ferguson, for the respondents/appellants in cross-appeal
Heard: In writing
On appeal from the judgment of Justice Michelle O’Bonsawin of the Superior Court of Justice, dated March 7, 2019, with reasons reported at 2019 ONSC 1473.
Costs Endorsement
1The parties’ costs submissions were brought to the attention of the panel on January 4, 2021.
2Having considered them, we are of the view that success on the appeal and the cross-appeal was divided and that the parties should bear their own costs. We so order.
“S.E. Pepall J.A.”
“C.W. Hourigan J.A.”
“L.B. Roberts J.A.”



