DATE: 20051006
DOCKET: C42595 C42639
COURT OF APPEAL FOR ONTARIO
RE:
TD CANADA TRUST COMPANY, in its capacity as executor of the estates of Emidio Simone and Laila Simone and trustee of the Simone Family Trust, SIFAM MANAGEMENT & SALES LTD., and AMD ONE INC. (Plaintiffs/Respondent) v. BARBARA CHEIFETZ, STEPHEN CHEIFETZ, STARLYN INVESTMENT CORP., SBC CORP., NATHAN CHEIFETZ FAMILY TRUST, DOE 1, DOE 2 AND DOE 3 (Defendants/Appellants)
BEFORE:
DOHERTY, MACFARLAND and LAFORME JJ.A.
COUNSEL:
William V. Sasso for the appellant Stephen Cheifetz and Starlyn Investment Corp.
Thomas J. Corbett for the appellant Barbara Cheifetz
Aaron A. Blumenfeld for the respondent TD Canada Trust
HEARD:
June 15, 2005
On appeal from the order of Justice Elizabeth Stewart of the Superior Court of Justice dated October 21, 2004.
C O S T S E N D O R S E M E N T
[1] Upon review of the written submissions filed, the court directs that:
The appellants, Stephen Cheifetz and Starlyn Investment Corp., are entitled to the costs of the motion and the appeal payable by the respondent, TD Canada Trust, on a partial indemnity basis. Costs of the motion fixed at $12,000, inclusive of disbursements and GST and costs of the appeal fixed at $12,000, inclusive of disbursements and GST.
In its discretion, the court directs that the costs referred to in paragraph 1 are payable by the respondent, TD Canada Trust, only upon satisfaction by either Stephen Cheifetz or Starlyn Investment Corp. of the judgment of Flinn J. referred to in the reasons of MacFarland J.A. released July 15, 2005.
The appellant, Barbara Cheifetz, is entitled to her costs on the motion and the appeal on a partial indemnity basis payable by TD Canada Trust. Those costs are fixed at $10,000 for the motion, inclusive of disbursements and GST and $5,000 for the appeal, inclusive of disbursements and GST. Those costs are payable within thirty days of the release of this endorsement.
“Doherty J.A.”
“J. MacFarland J.A.”
“H.S LaForme J.A.”