Court File and Parties

CITATION: Baran v. Cranston, 2022 ONSC 7198

DIVISIONAL COURT FILE NO.: DC-21-2639

DATE: 20221220

SUPERIOR COURT OF JUSTICE – ONTARIO

DIVISIONAL COURT

RE: PHILLIPPA MARY BARAN in her capacity as Trustee of the ESTATE OF TOLLER JAMES MONTAGUE CRANSTON, Applicant (Respondent on Appeal)

AND:

GUY FRANCIS CRANSTON and HUGH GOLDIE CRANSTON, Respondents (Appellant)

BEFORE: Swinton, J.A. Ramsay and Leiper JJ.

COUNSEL: Amanda M. Estabrooks and Douglas D. Buchmayer, for the Applicant (Respondent on Appeal)

Miriam Vale Peters, for the Respondent (Appellant) Hugh Goldie Cranston

HEARD at Ottawa: In Writing

COSTS ENDORSEMENT

[1] The respondent seeks costs of the appeal from the appellant on a substantial indemnity basis in the amount of $43,630.71 all inclusive. She asks that this amount be paid immediately, rather than made payable from the appellant’s share of the estate.

[2] The respondent is entitled to costs of the appeal, but she has not demonstrated any reprehensible, scandalous or outrageous behaviour that would warrant costs on a substantial indemnity basis.

[3] Costs to the respondent are fixed at $28,000 all inclusive on a partial indemnity basis. This is an amount that the appellant could reasonably expect to pay, given the costs outline of his own counsel and the amount of material he filed for the appeal, including two facta and detailed charts of contested expenses.

[4] We see no reason to order the costs payable from the appellant’s share of the estate, given the uncertainty as to when the distribution of the estate will occur and hence, when that payment would be made.

[5] Accordingly, we order that the appellant Hugh Goldie Cranston pay costs of $28,000 all inclusive to the respondent forthwith.

Swinton J.

J.A. Ramsay J.

Leiper J.

Date: December 20, 2022