Court of Appeal for Ontario
Date: 2018-10-24 Docket: C63055
Judges: Doherty, Brown and Huscroft JJ.A.
Between
Able Translations Ltd. Plaintiff (Appellant)
and
Express International Translations Inc. and Philippe Vitu Defendants (Respondents)
Counsel
Jeffrey Radnoff, for the appellant
David J. McGhee, for the respondents
Heard
June 29, 2017
On Appeal
On appeal from the order of Justice Sean F. Dunphy of the Superior Court of Justice, dated November 8, 2016, with reasons reported at 2016 ONSC 6785, 410 D.L.R. (4th) 380.
Costs Endorsement
[1] The respondents were successful on the appeal and are entitled to costs on the appeal.
[2] While we do not consider the "presumption" in s. 137.1(7) of the Courts of Justice Act, R.S.O. 1990, c. C.43 as applicable on appeal, we do have regard to the nature of the suit in fixing costs of the appeal. In our view, this suit had the markings of a true SLAPP. We award costs of the appeal on a full indemnity basis and fix those costs at $40,000, inclusive of taxes and disbursements.
"Doherty J.A."
"David Brown J.A."
"Grant Huscroft J.A."
