COURT OF APPEAL FOR ONTARIO

CITATION: McEwen (Re), 2020 ONCA 562

DATE: 20200908

DOCKET: M51208 (C67520)

Gillese, Brown and Paciocco JJ.A.

In the Matter of the Bankruptcy of Robert Morris Jr. McEwen and Caroline Elizabeth McEwen, of the Town of Perth, in the County of Lanark, in the Province of Ontario

BETWEEN

Barbara Lynn Carroll by Her Litigation Guardian Shannon Luknowsky, Shannon Luknowsky, Jeffrey Carroll and Shannon Luknowsky as Executor for the Estate of Lorne Carroll

Plaintiffs (Respondents/Responding Parties)

and

Robert McEwen and Caroline McEwen

Respondents (Respondents)

and

Traders General Insurance Company, improperly described in Superior Court of Justice Court File Number CV-17-00073740-0000 as Aviva Canada Inc.

Person Affected by an Order Obtained on Motion Without Notice (Appellant/Moving Party)

Counsel:

Harvey Chaiton and Alan L. Rachlin, for the moving party, Traders General Insurance Company

Joseph Y. Obagi, for the responding parties, Barbara Lynn Carroll et al.

Heard: in writing

COSTS ENDORSEMENT

[1] In our reasons dated August 17, 2020, we awarded Traders General Insurance Company (“Traders”) its costs of this panel review motion and invited the parties to file written submissions regarding the amount of those costs. We have reviewed those submissions.

[2] Traders seeks partial indemnity costs in the amount of $24,158.71. The Carroll Plaintiffs argue that much of the work required for this motion drew on that already performed for the motion before the Chambers Judge. Consequently, the Carroll Plaintiffs contend that Traders should only be awarded $7,500.00 in costs.

[3] This motion was heard in writing. We agree that some of the work for this motion duplicated that performed for the initial motion. As a result, we conclude that a fair and reasonable award of costs to Traders is $15,000.00, inclusive of disbursements and applicable taxes.

“E.E. Gillese J.A.”

“David Brown J.A.”

“David M. Paciocco J.A.”