Court of Appeal for Ontario

Citation: Marjadsingh v. Walia, 2013 ONCA 336

Date: 2013-05-23

Docket: C56380

Before: Goudge, Gillese and Pepall JJ.A.

Between:

Anthony Marjadsingh, personally, Sharon Marjadsingh, Kathy Lochan, Joshua Marjadsingh, Kyle Marjadsingh and Taylor Marjadsingh, minors by their litigation guardian, Anthony Marjadsingh

Plaintiffs (Appellants)

and

Harmeet Walia

Defendant (Respondent)

and

St. Dimitar Bulgarian Eastern Orthodox Church

Third Party (Respondent)

Counsel:

Howard W. Reininger, for the appellants

Ashley Artopoulo and Maria Abdoullaeva, for the respondent Harmeet Walia

Kevin Bridel, for the respondent St. Dimitar Bulgarian Eastern Orthodox Church

Heard: May 22, 2013

On appeal from the judgment of Justice Beth A. Allen of the Superior Court of Justice, dated November 23, 2012.

APPEAL BOOK ENDORSEMENT

[1] In our view there was no surprise or prejudice to the appellant due to the release and the settlement issue being raised. We would therefore give no effect to the appellant’s first argument. We also agree entirely with the motion judge’s disposition of the issue and with her thorough reasons.

[2] We would however grant leave and allow the appeal from the costs order. No request for more than partial indemnity was made and we see no basis for doing so here. The costs order below is set aside and an order of costs is made as follows: to the respondent Walia in the amount of $8800 inclusive of disbursements and HST and to the respondent St. Dimitar in the amount of $5000 inclusive of disbursements and HST.

[3] Costs of the appeal to these respondents in the amounts of $7000 and 4000 respectively all inclusive.