Court of Appeal for Ontario
Date: 2017-10-11
Docket: C62403, C62404, C62405, C62406, C62407
Panel: Hoy A.C.J.O., Blair and Hourigan JJ.A.
Parties
Between
Edward Tracy, by his Litigation Guardian, Charles Murphy, Elizabeth Cicippio-Puleo, Estate of Helen Fazio, Estate of Domenic Cicippio, David B. Cicippio, Eric R. Cicippio, Richard Dennis Cicippio, Thomas J. Cicippio, Estate of Paul V. Cicippio, Allen John Cicippio, Estate of Rose Abell, Anthony Cicippio, Estate of Alexander Cicippio, Nicholas B. Cicippio and Estate of Joseph J. Cicippio Jr.
Applicants (Respondents)
and
The Iranian Ministry of Information and Security, The Islamic Republic of Iran and The Iranian Revolutionary Guard Corp.
Respondents (Appellants)
And Between
Estate of Marla Bennett, Michael Bennett, Linda Bennett and Lisa Bennett
Plaintiffs (Respondents)
and
The Iranian Ministry of Information and Security and the Islamic Republic of Iran
Defendants (Appellants)
And Between
Chad Phillip Holland
Plaintiff (Respondent)
and
The Islamic Republic of Iran, the Iranian Ministry of Information and Security and the Iranian Revolutionary Guard Corps
Defendants (Appellants)
And Between
American Center for Civil Justice, Inc., as Assignee For Christine Higgins
Plaintiff (Respondent)
and
The Iranian Revolutionary Guard Corps
Defendant (Appellant)
And Between
Katie L. Marthaler, Herman C. Marthaler, III, Matthew Marthaler, Kirk Marthaler, Richard W. Wood, Kathleen M. Wood, Shawn M. Wood, Francis Heiser, Denise M. Eichstaedt, Anthony W. Cartrette, Lewis W. Cartrette, Thaddeus C. Fennig, Catherine Fennig, Paul D. Fennig, Mark Fennig, Catherine Adams, Mary Young, Daniel Adams, Elizabeth Wolf, Patrick D. Adams, John E. Adams, William Adams, Michael T. Adams, Christopher R. Nguyen, Bridget Brooks, James R. Rimkus, Anne M. Rimkus, Steve K. Kitson, Nancy A. Kitson, Lawrence E. Taylor, Vickie L. Taylor, Starlina D. Taylor, Dawn Woody, Bernadine R. Beekman, Tracy M. Smith, Jonica L. Woody, Timothy Woody, Ibis S. Haun, Senator Haun, Milagritos Perez-Dalis, Cecil H. Lester, Sr., Judy Lester, Cecil H. Lester, Jr., Jessica F. Lester, Shyrl L. Johnson, Kevin Johnson, Jr., Nicholas A. Johnson, A Minor, By His Legal Guardian Shyrl L. Johnson, Michael Morgera, Thomas Morgera, Marie R. Campbell, Bessie A. Campbell, James V. Wetmore, George M. Beekman, Che G. Colson, Bruce Johnson, Estate Of Brent E. Marthaler, Estate Of Sharon Marthaler, Estate Of Michael Heiser, Estate Of Gary Heiser, Estate Of Patrick P. Fennig, Estate Of Christopher Adams, Estate Of Thanh Van Nguyen, Estate Of Sandra M. Wetmore, Estate Of Kendall Kitson, Jr., Estate Of Kendall K. Kitson, Sr., Estate Of Nancy R. Kitson, Estate Of Joshua E. Woody, Estate Of Leland Timothy Haun, Estate Of Christopher Lester, Estate Of Kevin J. Johnson, Sr., Estate Of Millard D. Campbell, Estate Of Peter J. Morgera, Estate Of Justin R. Wood, Estate Of Earl F. Cartrette, Jr., Estate Of Brian Mcveigh, Estate Of Joseph E. Rimkus, Estate Of Jeremy A. Taylor, Estate Of Laura E. Johnson, Paul Alexander Blais, Estate Of Curtis Taylor, Maria Taylor, Cielito Valencia, Luz Southard, Steven Wolfe, Sonya Turner Broadway, Estate Of Betty Welch, Gerard Welch, Michael Welch, Richard Paul Brewer, Joyce Louise Leydet, Diana Campuzano, Avi Elishis, Gregg Salzman, Donna Marie Holland, James Robert Holland, Elisa Nili Cirilo Peres Ben-Rafael, Yonatan Mishael Benrafael, A Minor By His Litigation Guardian Elisa Nili Cirilo Peres Ben-Rafael, Ralph Goldman, Noa Ruth Ben-Rafael, Judith Goldman Baumgold And Naomi Goldman
Plaintiffs (Respondents)
and
The Islamic Republic of Iran, the Iranian Ministry of Information and Security, And the Iranian Revolutionary Guard Corps
Defendants (Appellants)
Counsel
Colin Stevenson and J. Daniel McConville for the appellants
John Adair and Gordon McGuire for the respondents, Tracy and Bennett
John B. Laskin, Sarah Whitmore, Eliot Che for the respondents, Marthaler, Holland and American Center for Civil Justice, Inc.
Jacqueline Dais-Visca, and Joseph Cheng for the intervener, the Attorney General of Canada
Hearing and Appeal
Heard: April 18, 2017
On appeal from: The orders of Justice Glenn A. Hainey of the Superior Court of Justice, dated June 9, 2016, with reasons reported at 2016 ONSC 3759, 400 D.L.R. (4th) 670.
Costs Endorsement
[1] In our decision dated June 30, 2017, we dismissed the appeals in their entirety, save for the appeals in the actions commenced by the respondents Welch, Brewer and Holland. Those appeals were allowed and the actions were struck.
[2] We have now received the parties' costs submissions. We would not give effect to Iran's submission that no costs should be awarded because the issues on appeal were novel. They were not. Iran raised numerous grounds of appeal and there was jurisprudence on most of the issues raised.
[3] We are also not satisfied that the respondents are entitled to costs on a substantial indemnity basis or that the respondents Welch, Brewer and Holland should receive costs even though their actions were dismissed. In our view, there should be a reduction to the costs sought in the bill of costs filed by the lawyers representing those respondents to reflect the mixed success on those appeals.
[4] We order the appellants to pay costs on a partial indemnity scale to the respondents represented by Adair Barristers LLP in the amount of $70,000 and to the respondents represented by Torys LLP in the amount of $80,000. Both amounts are inclusive of fees, disbursements and applicable H.S.T.
Alexandra Hoy A.C.J.O.
R.A. Blair J.A.
C.W. Hourigan J.A.