Court File and Parties
DIVISIONAL COURT FILE NO.: 642/21
SUPERIOR COURT OF JUSTICE – ONTARIO
DIVISIONAL COURT
RE: AARON MURPHY AS AGENTS FOR THE TRUSTEES OF THE IRON WORKERS CENTRAL WELFARE FUND AND THE IRON WORKERS ONTARIO PENSION FUND AND AS AGENT FOR SAVERITO SANTAROSSA, MARK LAPOINTE, TRISTAN EADIE, CHRIS OTTER, ALTON WILSON, MARK ASTON (Plaintiffs)
AND:
PRASHER STEEL LTD. AND MAYSTAR GENERAL CONTRACTORS INC., Defendants
BEFORE: Sweeny R.S.J., D.L. Corbett J. and Nishikawa JJ.
COUNSEL: Angela Assuras, for the Appellant Prasher Rocco A. Ruso and Sara Mosadeq, for the Respondent Maystar
HEARD: May 31, 2022, at Toronto, by videoconference
Reasons for Decision
1The appellant appeals the decision of Sharma J., refusing to confirm the decision of Wiebe A.J., enforcing a settlement agreement by ordering payment of $286,061.10 as a result of the respondent’s failure to make a timely final interest payment under the settlement.
2There was a clear explanation for the respondent’s late payment: junior counsel with responsibility was distracted by her wedding and honeymoon and did not attend to the payment until she returned from these events.
3This case is not a close call and does not turn on the technical legal arguments made by appellant’s counsel. In all the circumstances of the case, the Associate Justice erred in enforcing the default payment provisions of the settlement agreement and Sharma J. made no error in so concluding. We would dismiss the appeal, substantially for the reasons of Sharma J.
4We would not grant leave to appeal the costs award respecting prior proceedings in this court. This issue was left in the discretion of the motions judge and while the amount is high for the proceedings in this court, it is not so high as to amount to an error of principle.
5The appeal and the request for leave to appeal costs are dismissed, with costs to the responding party in the agreed amount of $8,000, inclusive.
D.L. Corbett J.
I agree: _______________________________
Sweeny R.S.J.
I agree: _______________________________
Nishikawa J.
Released Orally: May 30, 2022
Written Reasons Released: June 10, 2022