Court File and Parties

COURT OF APPEAL FOR ONTARIO DATE: 20230731 DOCKET: COA-22-CV-0166

Doherty, Hoy and Favreau JJ.A.

BETWEEN

10720143 Canada Corp. and Shaun Hendricks Plaintiffs (Respondents)

and

2698874 Ontario Inc., 2708257 Ontario Inc., Verdant Prime Corp., Sean Hedmann, Agozzino Law Professional Corporation, Antonino Agozzino and 2682638 Ontario Inc. Defendants (Appellants)

Counsel: Solomon Ross Fischhoff, for the appellants Judy Hamilton, for the respondents

Heard: June 7, 2023

On appeal from the judgment of Justice William D. Black of the Superior Court of Justice, dated August 16, 2022, with reasons reported at 2022 ONSC 4732.

Costs Endorsement

[1] We have considered the parties’ written costs submissions. The respondents are entitled to costs and the amounts sought by the respondents, either on a substantial or partial indemnity basis are reasonable.

[2] We are satisfied costs should be on a partial indemnity basis: see Bayford v. Boese, 2021 ONCA 533. The appeal was not without some merit and the appellants’ conduct of the appeal cannot be criticized.

[3] Costs are fixed at $12,000, inclusive of disbursements and relevant taxes.

“Doherty J.A.”

“Alexandra Hoy J.A.”

“L. Favreau J.A.”