COURT OF APPEAL FOR ONTARIO

CITATION: Michel v. Spirit Financial Inc., 2020 ONCA 523

DATE: 20200820

DOCKET: C66925 & C66926

Benotto, Zarnett and Thorburn JJ.A.

DOCKET: C66925

BETWEEN

Alexander Michel

Plaintiff (Respondent)

and

Spirit Financial Inc., Franz Kramer And Gunther Kramer

Defendants (Appellants)

DOCKET: C66926

AND BETWEEN

Franz Kramer, Christa Schmidt and Gunther Kramer

Plaintiffs (Appellants)

and

Alexander Michel

Defendant (Respondent)

Counsel:

Michael A. van Bodegom and Daniel W. Veinot, for the appellants Franz Kramer and Spirit Financial Inc, and respondent on cross-appeal, Gunther Kramer

Alexander Michel the respondent/appellant on cross-appeal, representing himself

Heard: in writing

On appeal from the judgment of Justice P.J. Flynn of the Superior Court of Justice, dated April 10, 2019, with reasons reported at 2019 ONSC 2254.

ADDENDUM

[1] On June 19, 2020 we released our reasons for decision. We allowed the appeal in part by reducing the damages ordered by the trial judge to reflect the fact that some of the advances made by the respondent were statute barred. We indicated that, if the parties could not agree on the calculation of damages and costs, they could provide written submissions.

[2] We have received the parties’ submissions as to the amendment to the judgment and costs.

[3] We do not accept the respondent’s submission that the amount of the damages should be increased. We accept the submissions of the appellant.

[4] The damages and pre-judgment interest in paragraph 1 of the judgment are reduced by a total of $336,273.

[5] Costs with respect to the appeals and the cross appeal are payable to the respondent Alexander Michel and fixed in the amount of $16,500 inclusive of disbursements and HST.

“M.L. Benotto J.A.”

“B. Zarnett J.A.”

“J.A. Thorburn J.A.”