Court of Appeal for Ontario

Date: 2021-10-21 Docket: M52551 (C69419)

Before: Benotto, Brown and Harvison Young JJ.A.

Parties

BETWEEN:

Jack Pinder, Victor Dusik and Innotech Safety Solutions Inc. Creditors (Respondents/Moving Parties)

and

Wayne Biggar Debtor (Appellant/Responding Party)

and

Hospodar Davies & Goold Garnishee (Respondent/Responding Party)

Counsel

Howard Borlack, Stephen Barbier and Ben Tustain, for the moving parties Douglas Spiller, for the responding party Wayne Biggar John Davies, for the responding party Hospodar Davies & Goold [1]

Heard: September 8, 2021 by video conference

COSTS ENDORSEMENT

[1] We have reviewed the parties’ cost submissions. Mr. Biggar’s appeal to this court clearly was brought to the wrong court and was an obvious delay tactic. Consequently, the respondents Jack Pinder, Victor Dusik and Innotech Safety Solutions Inc., are entitled to their substantial indemnity costs fixed in the amount of $11,500, inclusive of disbursements and applicable taxes, payable by Mr. Biggar within 5 days of the release of this endorsement.

“M.L. Benotto J.A.” “David Brown J.A.” “Harvison Young J.A.”

[1] John Davies appeared but made no written or oral submissions on behalf of the responding party Hospodar Davies & Goold.