Court of Appeal for Ontario

Citation: Hoang v. Vicentini, 2016 ONCA 856

Date: 2016-11-14

Docket: C55389

Before: Laskin, Hourigan and Brown JJ.A.

Between

Christopher Hoang and Danielle Hoang, both minors by their Litigation Guardian, San Trieu, and San Trieu, personally

Plaintiffs (Appellants)

and

Adriano Vicentini, Ford Credit Canada Leasing Company and Can Hoang

Defendants (Respondents)

Counsel:

Geoffrey D.R. Adair and Gord McGuire, for the appellants

Kerri Kamra, for the respondent Can Hoang

David A. Zuber and Joshua Henderson, for the respondent Adriano Vicentini

S. Wayne Morris and Melissa Miles, for the respondent The Personal Insurance Company

Bruce R. Mitchell, for the respondent Ford Credit Canada Leasing Company

Heard: April 13, 2016

On appeal from the judgment of Justice Darla A. Wilson of the Superior Court of Justice, dated March 9, 2012.

Costs Endorsement

[1] The appellants concede the respondents were wholly successful on the appeal and are entitled to their costs.

[2] The respondents seek the following cost awards on a partial indemnity basis: Adriano Vicentini - $46,148.03; Ford Credit Canada Leasing Company - $39,566.83; and, The Personal Insurance Company - $25,891.50. The appellant submits those amounts are excessive and, instead, proposes the following cost awards: Vicentini - $20,000; Ford Credit - $5,000; and Personal Insurance - $5,000.

[3] In the circumstances of this appeal, we conclude that a fair and just cost award requires the appellant, San Trieu, personally and in her capacity as litigation guardians for the minor appellants, Christopher Hoang and Danielle Hoang, to pay: Vicentini - $20,000; Ford Credit - $10,000; and Personal Insurance - $10,000, all inclusive of disbursements and HST.

"John Laskin J.A."

"C.W. Hourigan J.A."

"David Brown J.A."