Court of Appeal for Ontario

Date: 2019-08-22 Docket: C62925

Judges: Pepall, Lauwers and Huscroft JJ.A.

Between

Third Eye Capital Corporation Applicant (Respondent)

and

Ressources Dianor Inc./Dianor Resources Inc. Respondent (Respondent)

and

2350614 Ontario Inc. Interested Party (Appellant)

Counsel

Peter L. Roy and Sean M. Grayson, for the appellant 2350614 Ontario Inc.

Stuart Brotman and Dylan Chochla, for the receiver of the respondent Ressources Dianor Inc./Dianor Resources Inc., Richter Advisory Group Inc.

Heard: In writing

Appeal Information

On appeal from the order of Justice Frank J.C. Newbould of the Superior Court of Justice dated October 5, 2016, with reasons reported at 2016 ONSC 6086, 41 C.B.R. (6th) 320.

Costs Endorsement

[1] The Receiver, Richter Advisory Group Inc., requests that the appellant, 2350614 Ontario Inc., pay its costs of this appeal in the amount of $90,941.67 inclusive of fees, disbursements, and HST on a substantial indemnity scale. It asserts that the issues were complex and significant to both the insolvency practice and mining industry and that these costs are fair and reasonable. Moreover, the Receiver submits that a substantial indemnity scale is warranted due to the appellant's allegations of improper conduct against the Receiver.

[2] We agree with the Receiver that the issues raised by the appeal were both complex and significant. In light of the history of the proceeding however, we are not persuaded that a substantial indemnity award is appropriate.

[3] That said, the Receiver was ultimately successful on the appeal. In our view, an award of $40,000 inclusive of fees, disbursements, and applicable taxes on a partial indemnity scale is fair and reasonable and we so order.

"S.E. Pepall J.A." "P. Lauwers J.A." "Grant Huscroft J.A."