Court of Appeal for Ontario

Date: 2017-02-07 Docket: C60938

Judges: Weiler, Rouleau and Roberts JJ.A.

Between

Ryan Mitchell, The Mitchell Consulting Group, and The Mitchell Consulting Group Inc. Plaintiffs (Appellants)

and

Robert Lewis, Wendy Lewis, Global Learning Group Inc. also known as Global Learning Giving Initiative also known as GLGI, Global Land Consortium Inc., Ardoch Lake Developments Inc., Colonial Chevrolet Ltd., 2168368 Ontario Inc., Digital Consultation Management Services, and 2168368 Ontario Inc., carrying on business as Digital Consultation Management Services

Defendants (Respondents)

Counsel

Hossein Niroomand, for the appellants

Michael Magonet, for the respondents

Costs Endorsement

[1] On November 29, 2016, we allowed in part the appellants' appeal from the motion judge's July 31, 2015 order, striking out the appellants' statement of claim. This Endorsement disposes of the costs of the appeal and of the motion below. The motion judge granted the respondents' partial indemnity costs in the amount of $20,000.

[2] The appellants seek their partial indemnity costs of the appeal in the amount of $11,623.79, inclusive of taxes and disbursements. They submit that there should be no costs of the motion.

[3] The respondents take no issue with the amount of the appellants' costs but submit that there should be no costs of the appeal. With respect to the costs of the motion, the respondents submit that they should have their costs below, subject to a $5,000 reduction to reflect the appellants' modest success on appeal.

[4] We agree that there should be no costs of the appeal. The appellants' modest success on appeal represented a further indulgence to correct the pleading deficiencies in their statement of claim that three previous iterations, the respondents' facta, and a case conference with the motion judge had failed to remedy. Moreover, with the limited exceptions permitted on appeal, the motion judge's order was upheld on appeal.

[5] For the same reasons, other than the $5,000 reduction suggested by the respondents, we would not interfere with the motion judge's costs order in favour of the respondents.

[6] Accordingly, there shall be no costs of the appeal. The motion judge's costs order is varied to provide that the costs of the motion shall be to the respondents in the amount of $15,000.00 inclusive of taxes and disbursements.

"K.M. Weiler J.A."

"Paul Rouleau J.A."

"L.B. Roberts J.A."