Court of Appeal for Ontario

CITATION: Ben-Choreen v. Freedman, 2009 ONCA 561

DATE: 20090709

DOCKET: M36972/C49591

BEFORE: O’Connor A.C.J.O.

BETWEEN

Liat Ben-Choreen Applicant (Respondent in appeal)

and

Jacob Freedman, Jonathan Freedman, Rose-Anne Freedman-Prizant, Josh Freedman, Michael Freedman, Shira Leah Ben-Choreen Schneck, Rachel Freedman, Joshua Freedman, Eli Freedman, Tal-Or Ben-Choreen, Elishua Ben-Choreen, Joshua Prizant, Sara Idit Prizant, Samuel Prizant, Joshua Freedman, Adam Freedman, Sidney Goldstein, Riva Freedman Rotenberg and Arnell Goldberg, Q.C. Respondents (Appellants)

COUNSEL: Catherine Francis, for the respondents (appellants) Jeffrey Radnoff, for the respondent, Riva Freedman Rotenberg Joseph Y. Obagi, for the applicant

HEARD: November 19, 2008

ENDORSEMENT RE COSTS

[1] In an endorsement dated November 19, 2008, I dismissed the appellants’ application for a stay. In addition, I stayed the appeal pending completion of the process in the Superior Court relating to the appointment of a new trustee of the family trust.

[2] I am informed by counsel that the appointment process has been resolved on consent and the appeal has been abandoned.

[3] I am satisfied that the respondent, Liat Ben-Choreen, is entitled to costs on the stay motion. While the ultimate result of the appointment process may have been what the appellants were seeking all along, there is no reason that they could not have achieved the same result without bringing an unsuccessful stay application in this court.

[4] I fix the costs in the amount of $15,000, inclusive of disbursements and GST.

“D. O’Connor A.C.J.O.”