Stern Estate v. Solehdin, 2011 ONCA 305

CITATION: Stern Estate v. Solehdin, 2011 ONCA 305

DATE: 20110419

DOCKET: C51845 & C51846

COURT OF APPEAL FOR ONTARIO

Weiler, Simmons and Epstein JJ.A.

BETWEEN

Susan Stern, Estate Trustee of the Estate of Benjamin Stern, Deceased and Meyer Gindin

Applicants (Respondents)

and

Nizar Solehdin and Yasmeen Solehdin

Respondents (Appellants)

AND BETWEEN

Capital One, National Association formerly known as Hibernia National Bank

Applicant (Respondent)

and

Nizar Solehdin and Yasmeen Solehdin

Respondents (Appellants)

COUNSEL:

D. Brent McPherson, for the appellants

Raymond F. Leach and Michael A. Polvere, for the respondents

Heard: April 7, 2011

On appeal from the judgments of Justice Lynne C. Leitch of the Superior Court of Justice, dated March 2, 2010.

ADDENDUM

[1] Following our endorsement in these appeals, released on April 13, 2011, counsel for the respondents wrote to this court concerning this court’s disposition regarding the agreed upon costs of the appeals. This addendum responds to that correspondence.

[2] Accordingly, an order will go awarding costs to the respondents as follows:

(1) to the respondents, Susan Stern, Trustee of the Estate of Benjamin Stern, Deceased and Meyer Gindin, fixed in the amount of $14,000, inclusive of disbursements and applicable taxes; and

(2) to the respondent Capital One, National Association formerly known as Hibernia National Bank, fixed in the amount of $14,000, inclusive of disbursements and applicable taxes.

"K.M. Weiler J.A."

"Janet Simmons J.A."

"Gloria Epstein J.A."