Court Information
COURT OF APPEAL FOR ONTARIO DATE: 20220211 DOCKET: M53087 (C69594)
Before: Simmons J.A. (Motions Judge)
In the Matter of the Bankruptcy of Brian Wayne Flight, of the City of London, in the Province of Ontario
Counsel: Nicholas Kluge and C. Haddon Murray [1], for the moving parties/appellants, Adamson & Associates Inc. and John Adamson Tara Vasdani, for the responding party/respondent, Brian Wayne Flight Jacob Pollice, for the intervener Superintendent of Bankruptcy [2]
Heard: January 20, 2022 by video conference
COSTS ENDORSEMENT
1The moving parties and the responding party shall bear their own costs of the motion for leave to amend the notice of appeal to add a request, in the alternative, for leave to appeal under s. 193(e) of the BIA.
2The moving parties' lengthy delay in applying for leave to amend and the absence of any reasonable explanation for their delay may have supported a modest costs award in favour of the responding party for opposing the in-writing motion. However, because I found it necessary to require the parties' attendance to address concerns about the material filed on the motion and, ultimately, to strike portions of both parties' material, I conclude that the parties should bear their own costs.
“Janet Simmons J.A.”
Footnotes
1Mr. Murray prepared the in-writing submissions on behalf of the moving parties/appellants for the in-writing motion. Due to a conflict, Mr. Kluge appeared for the purposes of oral submissions on the motion and filed submissions on costs.
2Mr. Pollice appeared on the motion but made no written or oral submissions on behalf of the intervener.