COURT OF APPEAL FOR ONTARIO

CITATION: Tri-Star Disaster Recovery Inc. v. Mascia, 2023 ONCA 667

DATE: 20231011

DOCKET: M54140 (COA-23-CV-0128)

Miller, Harvison Young and Thorburn JJ.A.

BETWEEN

Tri-Star Disaster Recovery Inc.

Plaintiff (Respondent/Responding Party)

and

Anthony Mascia and Loretta Mascia

Defendants (Appellants/Moving Parties)

Julien Bonniere, for the appellants/moving parties

Angela Assuras, for the respondent/responding party

Heard and released orally: October 10, 2023

REASONS FOR DECISION

[1] The order that the appeal be traversed to the Divisional Court is granted on the consent of the parties. The parties could not agree on costs of the motion, and that matter was argued before the court.

[2] There is no reason this motion should not have been fully settled at an early date – saving time and expense for all involved – except for the unreasonableness of the appellants. The respondent agreed to the transfer to the Divisional Court on a without costs basis at an early date, and then sought partial indemnity costs later as matters progressed and further costs were incurred. The appellants then responded by seeking costs against counsel personally when there was no basis to do so whatsoever, and without bringing the appropriate motion. The appellants only resiled from that position minutes before the motion was to be heard.

[3] The respondent is awarded costs of the motion on a substantial indemnity basis in the amount of $9,798, all inclusive.

“B.W. Miller J.A.”

“A. Harvison Young J.A.”

“Thorburn J.A.”