Court File and Parties

Court of Appeal for Ontario Date: 2021-06-22 Docket: M52200 (C68999)

Before: Strathy C.J.O., Brown and Miller JJ.A.

Between:

Hillmount Capital Inc. Respondent (Applicant)

And:

Celine Brittany Pizale and Richard Stanley Pizale Moving Parties/Appellants (Respondents)

Counsel: Jamie Spotswood and Rachel Migicovsky, for the moving parties/appellants, Celine and Richard Pizale Robert Macdonald and Teodora Prpa, for the receiver, Zeifman Partners Inc. Behn Conroy, for the purchasers, Patricia and David Armstrong Shana Nodel, for second mortgagees, 1713691 Ontario Inc. and Boris Nodel Terry M. Walman, for first mortgagee, Elle Mortgage Corporation

Heard: February 8, 2021 by video conference

Costs Endorsement

[1] Further to the reasons released May 28, 2021 (Hillmount Capital Inc. v. Pizale, 2021 ONCA 364), the parties have filed written cost submissions. The respondent Receiver was successful on the appeal and we see no reason that it should not be awarded costs. The appellants, Celine and Richard Pizale, shall pay the Receiver its partial indemnity costs, fixed in the amount of $3,000, inclusive of disbursements and applicable taxes.

"G.R. Strathy C.J.O."

"David Brown J.A."

"B.W. Miller J.A."