Court of Appeal for Ontario

Date: 2017-03-29 Docket: C62162

Judges: Doherty, Brown and Miller JJ.A.

Between

Francine Szymanski Applicant (Appellant)

and

Giuseppina Alaimo and Francesco Alaimo Respondents (Respondents)

Counsel

Corinne A. Muccilli, for the appellant

Gwendolyn L. Adrian, for the respondents

Hearing

Heard and released orally: January 27, 2017

On appeal from: the judgment of Justice Douglas K. Gray of the Superior Court of Justice, dated April 14, 2016, with reasons reported at 2016 ONSC 2527.

Costs Endorsement

[1] This is not a case for costs on a substantial indemnity basis. As sometimes happens with this kind of dispute, both sides have pursued and defended their positions to the full extent possible. The respondents' partial indemnity claim costs are said to be $17,354.08. Counsel for the appellant has not provided the court with a cost outline.

[2] Having regard to the nature of the issues raised on appeal, the respondent's quantification of its partial indemnity costs and the outcome of the appeal, we order costs to the respondents in the amount of $13,000, inclusive of relevant taxes and the disbursements.

"Doherty J.A."

"David M. Brown J.A."

"Bradley W. Miller J.A."