Court Information

COURT OF APPEAL FOR ONTARIO DATE: 20220211 DOCKET: M53087 (C69594)

Before: Simmons J.A. (Motions Judge)

In the Matter of the Bankruptcy of Brian Wayne Flight, of the City of London, in the Province of Ontario

Counsel: Nicholas Kluge and C. Haddon Murray [1], for the moving parties/appellants, Adamson & Associates Inc. and John Adamson Tara Vasdani, for the responding party/respondent, Brian Wayne Flight Jacob Pollice, for the intervener Superintendent of Bankruptcy [2]

Heard: January 20, 2022 by video conference

COSTS ENDORSEMENT

[1] The moving parties and the responding party shall bear their own costs of the motion for leave to amend the notice of appeal to add a request, in the alternative, for leave to appeal under s. 193(e) of the BIA.

[2] The moving parties' lengthy delay in applying for leave to amend and the absence of any reasonable explanation for their delay may have supported a modest costs award in favour of the responding party for opposing the in-writing motion. However, because I found it necessary to require the parties' attendance to address concerns about the material filed on the motion and, ultimately, to strike portions of both parties' material, I conclude that the parties should bear their own costs.

“Janet Simmons J.A.”

Footnotes

[1] Mr. Murray prepared the in-writing submissions on behalf of the moving parties/appellants for the in-writing motion. Due to a conflict, Mr. Kluge appeared for the purposes of oral submissions on the motion and filed submissions on costs.

[2] Mr. Pollice appeared on the motion but made no written or oral submissions on behalf of the intervener.