DATE: 20051122
DOCKET: C41921 and C42850
COURT OF APPEAL FOR ONTARIO
DOHERTY, FELDMAN and LaFORME JJ.A.
IN THE ESTATE OF NIELS MICHAEL MADSEN, deceased
B E T W E E N :
MARY ELIZABETH SAYLOR and WILLIAM ANTHONY MADSEN
Robert Cohen, for Mary Elizabeth Saylor and William Anthony Madsen
Plaintiffs (Respondents)
- and -
PATRICIA ANN BROOKS, Estate Trustee
Joel Skapinker, for Patricia Ann Brooks
Respondent (Appellant)
AND BETWEEN
MARY ELIZABETH SAYLOR and WILLIAM ANTHONY MADSEN
Moving Party (Respondents)
- and -
ROBERT ACKERMAN
Sean Cumming, for Robert Ackerman
Responding Party (Appellant)
Heard: June 30, 2005
On appeal from the judgment of Justice Francine E. Van Melle of the Superior Court of Justice dated November 23, 2004 and from the motion dated May 4, 2004.
ADDENDUM
LaFORME J.A.
[1] The reasons for judgment in this appeal were released on September 7, 2005.
[2] Following the issuance of its reasons for judgment, the court received correspondence from counsel for Mr. Ackerman suggesting that the decision may contain an error. Specifically, Mr. Ackerman's counsel was of the view that paragraphs 56 and 58 of the reasons for decision were in conflict. Upon review, I agree with counsel's submission; paragraph 58 should not have included costs assessed on a "partial indemnity scale". Accordingly, paragraph 58 is amended to read as follows:
[58] The Ackerman Appeal is allowed. First, the order of the trial judge that Mr. Ackerman is to pay all the costs of Mr. Blackadder is set aside. Mr. Ackerman shall be ordered to pay only the costs of the motion regarding payment into court of estate funds. This amount is fixed at $3,000. Second, the trial judge's order fixing Mr. Ackerman's entitlement for estate expenses at the all-inclusive amount of $25,000 is also set aside. In connection with this, there is to be an order for an assessment to review the payments made by Mr. Ackerman from monies held in trust to determine what were reasonable legal fees and expenses of the estate, including the expenses of litigation.
[3] In all other respects, paragraph 58 will remain unchanged.
“H.S. LaForme J.A.”
“I agree Doherty J.A.”
“I agree K. Feldman J.A.”