Van Breda v. Village Resorts Limited, 2010 ONCA 232
CITATION: Van Breda v. Village Resorts Limited, 2010 ONCA 232
DATE: 20100329
DOCKET: C49188 and C49632
COURT OF APPEAL FOR ONTARIO
O’Connor A.C.J.O., Weiler, MacPherson, Sharpe and Rouleau JJ.A.
BETWEEN
Morgan Van Breda, Viktor Berg, Joan Van Breda, Tony Van Breda, Adam Van Breda and Tonnille Van Breda
Plaintiffs (Respondents)
and
Village Resorts Limited, Superclubs International Ltd., Club Resorts Ltd., Rene Denis and Sport au Soleil
Defendants (Appellants)
AND BETWEEN
Anna Charron, Estate Trustee of the Estate of Claude Charron, deceased, the said Anna Charron, personally, Jennifer Candace Charron, Stephanie Michelle Charron and Christopher Michael Charron
Plaintiffs (Respondents)
and
Bel Air Travel Group Ltd., Hola Sun Holidays Limited, Village Resorts International Ltd., carrying on business as Superclubs Breezes Costa Verde. Club Resorts, Ltd., Gaviota SA (Ltd.), Marina Gaviota, Leonardo Vega Ricardo and Andreas Oscar Sanchez Ricardo
Defendants (Appellant)
Counsel
John A. Olah, for the appellant, Club Resorts Ltd. in Van Breda
Peter J. Pliszka and Robin P. Roddey, for the appellant, Club Resorts Ltd. in Charron
Chris G. Paliare, Robert A. Centa and Tina H. Lie, for the respondents, in Van Breda
Jerome R. Morse, John Adair and Lori Stoltz, for the respondents, in Charron
Howard Borlack, Lisa La Horey and Sabine Kharabian, for the respondent, Bel Air Travel Group Ltd.
Catharine H. Buie, for the respondent, Hola Sun Holidays Ltd.
John Terry and Charles W. Finlay, for the intervener The Tourism Industry Association of Ontario
Allan Rouben, for the intervener Ontario Trial Lawyers Association
Heard: October 5 and 6, 2009
On appeal from the order of Justice L.A. Pattillo of the Superior Court of Justice dated July 3, 2008, with reasons reported at 2008 CanLII 32309 (ON SC), 60 C.P.C. (6th) 186, and the from the order of Justice G.M. Mulligan of the Superior Court of Justice dated October 10, 2008, with reasons reported at 2008 CanLII 53834 (ON SC), 92 O.R. (3d) 608.
COSTS ENDORSEMENT
[1] We have now received written submissions as to the appropriate costs order. We order as follows with respect to the costs of both hearings for these appeals:
The Van Breda respondents are awarded costs fixed at $45,000 inclusive of disbursements and GST;
The Charron respondents are awarded costs fixed at $45,000 inclusive of disbursements and GST;
Hola Sun is awarded costs fixed at $10,000;
Bel Air is awarded costs fixed at $10,000.
No costs ordered for or against the intervenors.
“D. O’Connor A.C.J.O.”
“K.M. Weiler J.A.”
“J.C. MacPherson J.A.”
“Robert J. Sharpe J.A.”
“Paul Rouleau J.A.”