Court File and Parties

Court of Appeal for Ontario Date: 2023-04-25 Docket: C70560

Before: Zarnett, Thorburn and Copeland JJ.A.

Between:

Rhys Fockler and Lyn Cartwright Plaintiffs (Appellants)

And:

Jonathan Speigel, Lawyers’ Professional Indemnity Company (LawPRO), and Garen Kassabian Defendants (Respondents)

Counsel: Rhys Fockler and Lyn Cartwright, acting in person Kelli Preston, for the respondents Jonathan Speigel and Lawyers’ Professional Indemnity Company Bronwyn Martin, for the respondent Garen Kassabian

Heard: In writing

On appeal from the order of Justice Alexander Sosna of the Superior Court of Justice, dated May 18, 2021, and the order of Justice Jill C. Cameron of the Superior Court of Justice, dated February 7, 2022, with reasons at 2022 ONSC 864.

Costs Endorsement

[1] On March 6, 2023, we dismissed the appellants’ appeal and their motion to introduce fresh evidence, and invited submissions on costs: Fockler v. Speigel, 2023 ONCA 148, at paras. 29-30. We have now received and reviewed those submissions.

[2] We award costs of the motion for fresh evidence and the appeal payable by the appellants to the respondent Kassabian in the sum of $7,500 and to the respondents Speigel and LawPRO in the sum of $7,500. Both amounts are inclusive of disbursements and applicable taxes.

“B. Zarnett J.A.”

“Thorburn J.A.”

“J. Copeland J.A.”