Court of Appeal for Ontario

Details

Date: 20210520 Docket: C68635

Judges

Tulloch, Nordheimer and Jamal JJ.A.

Parties

BETWEEN

Ihab Dia, Faten Zeineddine, Samer Dia (a minor by his litigation guardian Ihab Dia), Anisah Dia (a minor by her litigation guardian Ihab Dia), Ali Dia (a minor by his litigation guardian Ihab Dia), and Mohamed Dia (a minor by his litigation guardian Ihab Dia) Plaintiffs (Appellants)

and

Calypso Theme Waterpark, Jacques Bui, Jamie Crowder, Khamea Louangrath, Paolo Messina and Shaun Wheeler Defendants (Respondent)

AND BETWEEN

Paolo Messina Plaintiff by Counterclaim

and

Samer Dia and Mohamed Zeineddine Defendants by Counterclaim

Counsel

Katie Black, for the appellants Danesh Rana, for the respondent

Heard

In writing

Background

On appeal from the order of Justice Heather J. Williams of the Superior Court of Justice, dated April 27, 2020, with reasons reported at 2020 ONSC 2601, and from the costs endorsement, dated August 29, 2020, with reasons reported at 2020 ONSC 5191.

Costs Endorsement

[1] On April 29, 2021, we released our decision in which we allowed the appeal in this matter and awarded the appellants their costs of the appeal. We invited written submissions regarding the costs of the summary judgment motion below.

[2] We have now received and reviewed the written submissions of the appellants. The respondent declined to provide any submissions.

[3] In the result, we award the appellants their costs in responding to the motion for summary judgment fixed in the amount of $3,500 inclusive of disbursements and HST.

“M. Tulloch J.A.”

“I.V.B. Nordheimer J.A.”

“M. Jamal J.A.”