Court of Appeal for Ontario

Citation: Economopoulos (Re), 2014 ONCA 773

Date: 2014-11-05

Docket: C58177

Before: Hoy A.C.J.O., Gillese and Lauwers JJ.A.

Re:

Constantine (Gus) Economopoulos, 1551666 Ontario Inc., Anjoca Holdings Inc., Heritage Pancake House Ltd., Vida Prijic, Peter Nicolopoulos and Aristides Nicolopoulos

And in the matter of an application for petition [sic] and sale and an order of judicial sale of certain property known municipally as 815 Juliana Drive, Woodstock, Ontario

(Appellants) (Respondent)

Counsel:

Montgomery Shillington, for the appellants Constantine (Gus) Economopoulos and 1551666 Ontario Inc.

Sean Flaherty, for the respondent Vida Prijic

Heard: July 16, 2014

On appeal from the order of Justice Kelly A. Gorman of the Superior Court of Justice, dated February 14, 2014.

COSTS ENDORSEMENT

[1] In reasons dated October 7, 2014, the court allowed the appeal in this matter and, among other things, set aside the costs order below. This court’s reasons indicated that if the parties were unable to resolve the matter of the costs below, they could make brief written submissions on the matter.

[2] We have now received and considered such submissions.

[3] In setting costs of the motion below, we note that much of the time claimed by the appellants related to necessary housekeeping matters regarding the ultimate sale of the Property. Further, we accept the respondent’s submission that making the costs payable from the proceeds of the sale of the Property is not only fair, in the circumstances of this case, but should also encourage both the sale of the Property and resolution of the underlying proceeding.

[4] Accordingly, costs of the motion below are ordered in favour of the appellants, fixed in the amount of $4,500, inclusive of disbursements and all applicable taxes, such costs to be payable out of the proceeds of the sale of the Property.

“Alexandra Hoy A.C.J.O.”

“E.E. Gillese J.A.”

“P. Lauwers J.A.”