COURT OF APPEAL FOR ONTARIO
CITATION: Packall Packaging Inc. v. Ciszewski, 2016 ONCA 78
DATE: 20160126
DOCKET: C60652
Doherty, Brown and Miller JJ.A.
BETWEEN
Packall Packaging Inc., Packall Consultants (1981) Limited, 967915 Ontario Limited and Henry Ciszewski, personally and in his capacity as Trustee of the Ciszewski Family Trust
Plaintiffs (Respondents)
and
Anita Ciszewski, personally and in her capacity as Trustee of the Ciszewski Family Trust and 2300078 Ontario Limited
Defendants (Appellants)
AND BETWEEN
Anita Ciszewski, personally and in her capacity as Trustee of the Ciszewski Family Trust and 2300078 Ontario Limited
Plaintiffs by Counterclaim (Appellants)
and
Packall Packaging Inc., Packall Consultants (1981) Limited, 967915 Ontario Limited, Henry Ciszewski, personally and in his capacity as Trustee of the Ciszewski Family Trust, 835474 Ontario Limited, James F. Billett, in his personal capacity and in his capacity as Trustee of the Ciszewski Family Trust, Stephan Ciszewski and Frank Del Duca
Defendants to Counterclaim (Respondents)
Counsel:
Peter W.G. Carey, for the appellants
Geoffrey D.E. Adair, Q.C., for the respondents
Heard: December 17, 2015
On appeal from the judgment of Justice Laurence A. Pattillo of the Superior Court of Justice, dated June 9, 2015, with reasons reported at 2015 ONSC 2837.
COSTS ENDORSEMENT
[1] The parties have filed their costs submissions. The respondents seek partial indemnity costs of the appeal in the amount of $7,500; the appellants submit that no costs should be awarded given the parties’ divided success on the two issues.
[2] While success was divided, in our view, the first issue concerning the restriction on the appellants’ ability to sell their shares to a third party had the more significant impact on the parties’ interests and, on that issue, the respondents succeeded.
[3] Consequently, we award the respondents costs of the appeal in the amount of $7,500, inclusive of H.S.T. and disbursements.
“Doherty J.A.”
“David Brown J.A.”
“B.W. Miller J.A.”