COURT OF APPEAL FOR ONTARIO
CITATION: Green v. Green, 2015 ONCA 790
DATE: 20151119
DOCKET: C58093 and C58101
Sharpe, Pepall, and van Rensburg JJ.A.
BETWEEN
Diana Freda Green and Charles David Green Jr.
Applicants (Respondents/Appellant by way of cross-appeal)
and
Charles David Green Sr., Lisa Maxwell and Brenda Yurko
Respondents (Appellant and Respondent by way of cross-appeal/ Respondents by way of cross-appeal)
and
Strike Furlong Ford LLP
(Appellant)
AND BETWEEN
Diana Freda Green and Charles David Green Jr.
Applicants (Respondents)
and
Charles David Green Sr., Lisa Maxwell and Brenda Yurko
Respondents (Respondents)
AND BETWEEN
Diana Freda Green, Charles David Green Jr.
Applicants (Respondent/Appellant)
and
Charles David Green Sr., Brenda Yurko and Lisa Maxwell
Respondents on Application (Appellant)
and
Strike Furlong Ford LLP and Robert James Lorne Ford
Respondents on Application (Appellants)
Aaron Franks and Michael Zalev, for the appellant Charles David Green Sr.
Mathew H. Hilbing and Frank Coscarella, for the appellant by way of cross-appeal Charles David Green Jr.
Sanjeev P. Mitra and Miranda Spence, for the appellants Strike Furlong Ford LLP and Robert James Lorne Ford
Margot Poepjes, for the respondent Diana Freda Green
Russell Alexander, for the respondent Lisa Maxwell
Brenda Yurko, acting in person
Heard: April 20, 2015
On appeal from the order of Justice Lydia M. Olah of the Superior Court of Justice, dated November 22, 2013, with reasons reported at 2013 ONSC 7265, [2013] O.J. No. 6396, and from the costs order, dated August 28, 2014, with reasons reported at 2014 ONSC 5000, 50 R.F.L. (7th) 155.
COSTS ENDORSEMENT
[1] By way of a judgment dated July 21, 2015, the appeals and cross-appeals were allowed in part. The court indicated that if the parties could not agree on costs, the parties were to file written submissions.
[2] The parties were unable to agree on costs. The court has now received and reviewed their written submissions. Costs are awarded on a partial indemnity scale as follows:
- Charles David Green Sr. ("Charles Sr.") is to pay Diana Freda Green ("Diana") $50,000, inclusive of disbursements and applicable taxes.
- Charles Green Jr. ("Charles Jr.") is to pay Diana the further sum of $15,000, inclusive of disbursements and applicable taxes, such sum to be deducted from the $90,000 due to Charles Jr. from Diana in satisfaction of his payment to Strike Furlong Ford LLP ("SFF").
- Lisa Maxwell ("Lisa") is to pay Charles Jr. $15,000, inclusive of disbursements and applicable taxes.
- Robert James Lorne Ford ("Ford") is to pay Lisa $15,000, inclusive of disbursements and applicable taxes.
[3] All additional requests for costs are dismissed.
"Robert Sharpe J.A."
"S.E. Pepall J.A."
"K. van Rensburg J.A."