Court of Appeal for Ontario

Date: 20210106 Docket: C67799

Pepall, Hourigan and Roberts JJ.A.

BETWEEN

The Toronto-Dominion Bank Plaintiff (Appellant/Respondent by way of cross-appeal)

and

1633092 Ontario Ltd., 2362378 Ontario Inc., Matthew Rooney and Haley Rooney Defendants (Respondents/Appellants by way of cross-appeal)

Counsel: Oren Chaimovitch and Shawna Sosnovich, for the appellant/respondent in cross-appeal Andrew D. Ferguson, for the respondents/appellants in cross-appeal

Heard: In writing

On appeal from the judgment of Justice Michelle O’Bonsawin of the Superior Court of Justice, dated March 7, 2019, with reasons reported at 2019 ONSC 1473.

Costs Endorsement

[1] The parties’ costs submissions were brought to the attention of the panel on January 4, 2021.

[2] Having considered them, we are of the view that success on the appeal and the cross-appeal was divided and that the parties should bear their own costs. We so order.

“S.E. Pepall J.A.”

“C.W. Hourigan J.A.”

“L.B. Roberts J.A.”