Court of Appeal for Ontario

Date: 2018-10-24

Docket: C62752 & C62764

Judges: Doherty, Brown and Huscroft JJ.A.

Between

William John Armstrong Plaintiff (Respondent)

and

Corus Entertainment Inc., Craig Needles, Shawn Lewis, Nancy McSloy, Joseph Wilson, Robert Spencer, Cheryl Miller, Christopher George, Stewart Blair and Jack McSloy Defendants (Appellants)

Counsel

Andrew F. Camman, for the appellants, Nancy McSloy, Joseph Wilson, Robert Spencer and Jack McSloy

Peter M. Jacobsen and Julia L. Lefebvre, for the appellant, Corus Entertainment Inc.

Sean C. Flaherty, for the respondent

Heard: June 29, 2017

On appeal from: the order of Justice Joseph M. W. Donohue of the Superior Court of Justice, dated September 2, 2016.

Costs Endorsement

[1] In our view the "presumption" in s. 137.1(7) of the Courts of Justice Act, R.S.O. 1990, c. C.43, applies. The appellants are entitled to their costs of the motion and proceedings below on a full indemnity basis. The costs must still however be reasonable. We fix Corus' costs at $30,000, inclusive of taxes and disbursements and we fix the costs of the "McSloy" appellants (Nancy McSloy, Joseph Wilson, Robert Spencer, Jack McSloy) at $30,000, inclusive of taxes and disbursements.

[2] The appellants were successful on the appeal and are entitled to costs on a partial indemnity basis. We fix Corus' costs at $15,000, inclusive of disbursements and taxes. We also fix the costs of the "McSloy" appellants at $15,000, inclusive of disbursements and taxes.

[3] The "McSloy" appellants also request damages pursuant to s. 137.1(9) of the Courts of Justice Act. We see no basis for that order.

"Doherty J.A."

"David Brown J.A."

"Grant Huscroft J.A."