Court File and Parties

Court of Appeal for Ontario Date: 20240523 Docket: M54897 (COA-23-CV-0258)

Before: Roberts, Coroza and Gomery JJ.A.

Between:

2137073 Ontario Inc., Arye Lankar, Lina Balian, Shawn Gabriel, Elena Keimakh and 2380376 Ontario Ltd. Plaintiffs (Respondents/Responding Parties)

And:

Alex Furney and Maryam Furney also known as Miriam Furney Defendants (Appellants/Moving Parties)

Counsel:

Alex Furney and Maryam Furney, acting in person/moving parties Daniel Campoli, for the responding party, 2137073 Ontario Inc. Ryan Atkinson, for the responding parties, Arye Lankar, Lina Balian, Shawn Gabriel, Elena Keimakh Jordan D. Sobel, for the responding party, 2380376 Ontario Ltd.

Heard: in writing

Endorsement

[1] On May 14, 2024, we dismissed the Furneys’ motion under r. 59.06 of the Rules of Civil Procedure, R.R.O. 1990, Reg. 194, to set aside or vary the dismissal of their appeal, and for an extension of time to revise their appeal materials. The parties were invited to submit brief written costs submissions plus bills of costs within five days of the release of our May 14th endorsement. We have received and reviewed the respondents’ respective written costs submissions and bills of costs.

[2] We found that the Furneys’ motion was an abuse of process and that the respondents are entitled to their costs of the motion from the Furneys on a full indemnity basis. The respondents collaborated and submitted joint submissions on the motion. We determine that in the circumstances of this case, the following all-inclusive awards of costs are fair, proportionate and reasonable, and should have been within the Furneys’ reasonable contemplation if their motion were unsuccessful:

i. 2137073 Ontario Inc.: $6,725.50; ii. Arye Lankar, Lina Balian, Shawn Gabriel, Elena Keimakh: $14,701.30; iii. 2380376 Ontario Ltd.: $5,304.45.

[3] We have not received any costs submissions from the Furneys although, in an uninvited May 14th email to the court office, the Furneys indicated that they opposed the May 14th endorsement and would file a further motion. The Furneys’ May 14th email and their proposed motion are an abuse of process. They refuse to accept that this matter has been finally decided in the respondents’ favour. As a result, we order that the Furneys are prohibited from filing any further materials with this court with respect to this matter without first satisfying all costs awards made against them in favour of the respondents and without first obtaining leave of this court by written motion.

“L.B. Roberts J.A.” “S. Coroza J.A.” “S. Gomery J.A.”