Court of Appeal for Ontario

Date: 2021-03-26 Docket: C68308

Before: Fairburn A.C.J.O., van Rensburg and Huscroft JJ.A.

Parties

Between: Alexander Davidoff, Plaintiff (Responding Party/Appellant)

And: Paderewski Society Home (Niagara), Rachel (nee: Slingerland) Goerz (LSUC #63876V) and Niagara Regional Housing (NRH), Defendants (Moving Parties/Respondents)

And Between: Alexandra Davidoff, Plaintiff (Responding Party/Appellant)

And: Paderewski Society Home (Niagara) and Rachel (nee: Slingerland) Goerz (LSUC #63876V), Defendants (Moving Parties/Respondents)

Counsel

Alexander Davidoff, acting in person Alexandra Davidoff, acting in person Vanda A. Santini and Kristen Bailey, for the respondent Paderewski Society Home (Niagara) Michael R. Kestenberg, for the respondent Rachel Goerz Scott A. Crocco, for the respondent Niagara Regional Housing

Heard

Heard and released orally: March 25, 2021 by video conference

On Appeal From

On appeal from the judgments of Justice Paul R. Sweeny of the Superior Court of Justice, dated February 25, 2020, with reasons reported at 2020 ONSC 1162 and 2020 ONSC 1171.

Reasons for Decision

[1] The appellants raise one ground of appeal. They are of the view that the dismissal of their claims involves a reasonable apprehension of bias. Although they correctly articulate the legal test for a reasonable apprehension of bias, in our view, there is no basis to support this very serious legal claim. Moreover, there is no basis to support the suggestion made by the appellants that any counsel on this matter behaved inappropriately.

[2] The appeal is dismissed.

[3] Costs are payable by the appellants, jointly and severally, in the following amounts:

(a) $5,000 to the respondent Rachel Goerz; (b) $2,500 to the respondent Niagara Regional Housing; and (c) $3,000 to the respondent Paderewski Society Home.

"Fairburn A.C.J.O." "K. van Rensburg J.A." "Grant Huscroft J.A."