Court of Appeal for Ontario

Date: 2019-04-24

Docket: M50042 & M50043 (C66016 & C66072)

Judges: van Rensburg, Benotto and Harvison Young JJ.A.

In the Matter of Elias Gefen, Deceased

Parties

Between

Henia Gefen in her personal capacity and as estate trustee of the Estate of Elias Gefen Plaintiff (Appellant)

and

Arie Gaertner, Miller Canfield, Paddock and Stone, LLP, The Jewish Home for the Aged, Baycrest Hospital, Baycrest Centre for Geriatric Care, Yehuda Gefen and Harry Gefen Defendants (Respondent)

And Between

Harry Gefen Plaintiff by Counterclaim (Respondent)

and

Henia Gefen in her personal capacity and as estate trustee of the Estate of Elias Gefen, Harvey Gefen, Ashley Gefen, Dundas-Thickson Properties Ltd., 1393522 Ontario Limited and 1585708 Ontario Limited Defendants by Counterclaim (Appellants)

And Between

Harry Gefen Third Party Plaintiff (Respondent)

and

Harvey Gefen Third Party Defendant (Appellant)

Counsel

Gregory Azeff and Stephanie De Caria, for the moving party, Ronald Rutman, the Estate Trustee During Litigation of the Estate of Elias Gefen

R.B. Moldaver, Q.C., for Henia Gefen

Sapna Thakker, for Harvey Gefen

A.A. Blumenfeld, for Harry Gefen

Hearing and Lower Court Decision

Heard: March 14, 2019

On appeal from: the order of Justice Michael A. Penny of the Superior Court of Justice dated September 26, 2018, with reasons reported at 2018 ONSC 5698.

Costs Endorsement

[1] On March 14, 2019, this appeal was quashed on motion by the Estate Trustee During Litigation ("ETDL").

[2] The parties have exchanged and filed written submissions as to costs.

[3] Costs of the motion and the appeal are payable to the ETDL by the appellant and the respondents to the motion jointly fixed in the amount of $30,000 inclusive of disbursements and applicable taxes.

K. van Rensburg J.A.

M.L. Benotto J.A.

A. Harvison Young J.A.