Court File and Parties

Court of Appeal for Ontario Date: 2023-11-28 Docket: C70459

Before: van Rensburg, Paciocco, and Thorburn JJ.A.

Between:

William Fehr Sr. and Dorothey Fehr Plaintiffs (Appellants/Respondents by way of cross-appeal)

And:

Paul Gribilas and Burns Hubley LLP Defendants (Respondents/Appellants by way of cross-appeal)

And:

J+W Foods Inc., William Fehr Jr., and Steven Trougakos Third Parties (*Respondent)

Counsel: Christine G. Carter, for the appellants/respondents by way of cross appeal Earl A. Cherniak and Spencer Jones, for the respondent/appellant by way of cross appeal Burns Hubley LLP Michael R. Kestenberg and Aaron Hershtal, for the respondent/appellant by way of cross-appeal Paul Gribilas Jonathan Rosenstein, for the respondent J+W Foods Inc.

Heard: April 25, 2023

On appeal from the order of Justice Paul M. Perell of the Superior Court of Justice, dated January 12, 2022, with reasons reported at 2022 ONSC 275 and from the costs order, dated February 25, 2022, with reasons reported at 2022 ONSC 1296.

Amended Costs Endorsement

[1] The respondents were successful in the appeal. Having reviewed the parties’ written costs submissions, we award costs of the appeal to the respondent Burns Hubley LLP in the sum of $28,000, to the respondent Paul Gribilas in the sum of $22,500, and to the respondent J+W Foods Inc. in the sum of $5,000. These amounts are inclusive of disbursements and applicable interest and are payable by the appellants.

"K. van Rensburg J.A."

"David M. Paciocco J.A."

"Thorburn J.A."