Court of Appeal for Ontario
Citation: Vivekanandan v. Terzian, 2020 ONCA 500 Date: 2020-08-07 Docket: C65686
Before: Hoy A.C.J.O., van Rensburg and Roberts JJ.A.
Between
Niranjan Vivekanandan and Sara Azargive Applicants (Respondents)
and
Talyn Terzian and Kevin Gilmour Respondents (Appellants)
And Between
Talyn Terzian Applicant (Appellant)
and
Niranjan Vivekanandan and Sara Azargive Respondents (Respondents)
Counsel: Shantona Chaudhury and Brodie Noga, for the appellants Sarah J. Turney and Daniel T. Richer, for the respondents
REASONS FOR COSTS AMENDMENT
[1] Following the release of the panel’s February 12, 2020 reasons for judgment on the appeal, the parties have requested that the disposition of the partial indemnity costs of the applications below be amended on consent to change the amount awarded to the appellants from the amount of $93,000, as originally stipulated in paragraph 32 of the reasons, to the amount of $55,000, inclusive of disbursements and applicable taxes.
[2] Accordingly, on the consent of the parties, we allow the amendment as requested. Order to go in the form of the draft order appended to these reasons as Appendix “A”.
“Alexandra Hoy A.C.J.O.”
“K. van Rensburg J.A.”
“L.B. Roberts J.A.”
Appendix “A”
Court File No. C65686
COURT OF APPEAL FOR ONTARIO
THE HONOURABLE ASSOCIATE CHIEF JUSTICE HOY WEDNESDAY THE 12th THE HONOURABLE JUSTICE VAN RENSBURG DAY OF FEBRUARY THE HONOURABLE JUSTICE ROBERTS 2020
B E T W E E N:
TALYN TERZIAN Applicant (Appellant)
- and -
NIRANJAN VIVEKANANDAN and SARA AZARGIVE Respondents (Respondents)
A N D B E T W E E N :
NIRANJAN VIVEKANANDAN and SARA AZARGIVE Applicants (Respondents)
- and -
TALYN TERZIAN and KEVIN GILMOUR Respondents (Appellants)
ORDER
THIS APPEAL, from the order of the Honourable Justice Edward M. Morgan of the Superior Court of Justice dated June 27, 2018 was heard on October 7, 2019, at Osgoode Hall, 130 Queen Street West, Toronto Ontario.
ON READING the appeal book and compendium, factum, and book of authorities of the appellants, the compendium, factum and book of authorities of the respondents, the exhibit book, and on hearing the submission of counsel for both parties, and judgment having been reserved to this day,
THIS COURT ORDERS that the appeal is allowed and that the judgment of the Honourable Justice Morgan of the Superior Court of Justice dated June 27, 2018 is set aside.
THIS COURT ORDERS that the respondents’ application is dismissed.
THIS COURT DECLARES that Talyn Terzian’s title to 45 Lawrence Crescent (legally described as LT 20 PL 541E Toronto; City of Toronto, as in PIN # 21139-0058 (LT)) alongside the driveway of 47 Lawrence Crescent (legally described as LT 21 PL 541E Toronto; City of Toronto, as in PIN #21139-0059 (LT)) and alongside the original detached garage is unencumbered by any possessory or non-possessory claims by Niranjan Vivekanandan and Sara Azargive.
THIS COURT ORDERS that the Respondents pay partial indemnity costs of the appeal to the Appellants in the amount of $45,000, inclusive of disbursements and applicable taxes.
THIS COURT ORDERS that the appellants are entitled to their costs of the proceeding below in the amount of $55,000, inclusive of disbursements and applicable taxes.
Registrar, Court of Appeal for Ontario
TALYN TERZIAN and KEVIN GILMOUR -and- NIRANJAN VIVEKANANDAN et al Appellants Respondent
Court File No. C65686
COURT OF APPEAL FOR ONTARIO Proceedings commenced in TORONTO
ORDER
PAPE CHAUDHURY LLP Suite 1701 150 York Street Toronto, ON M5H 3S5
Shantona Chaudhury LSO #53369M shantona@papechaudhury.com Brodie Noga LSO #74365H brodie@papechaudhury.com Tel: 416-364-8755 Fax: 416-364-8855
Lawyers for the Appellants