Court of Appeal for Ontario

Date: 2018-01-12 Docket: C63800

Judges: Doherty, LaForme and Paciocco JJ.A.

Between

Allan Fenwick Applicant (Appellant)

and

Concierge Auctions, ULC and Bennett Jones LLP Respondents (Respondent)

Counsel

Ronald G. Slaght and Patrick Healy, for the appellant

Julia E. Schatz and Scott Azzopardi, for the respondent

Hearing

Heard: October 19, 2017

On appeal from: The judgment of Justice Anne Mullins of the Superior Court of Justice, dated April 25, 2017, with reasons reported at 2017 ONSC 2514.

Costs Endorsement

[1] Costs in the application below were awarded to Concierge Auctions, ULC, in the amount of $45,000. The application decision has been reversed. The cost order is set aside, and costs in the application are awarded to the appellant on a partial indemnity basis in the amount of $45,000, inclusive of HST and disbursements.

Doherty J.A.

H.S. LaForme J.A.

David M. Paciocco J.A.