Court of Appeal for Ontario
Date: 20240221 Docket: COA-23-CV-0807 & M54681
van Rensburg, Roberts and Favreau JJ.A.
Between
9806881 Canada Corp. Applicant (Respondent)
and
Glen Swan, Toronto Aircraft Inc. and Toronto Aircraft Maintenance Inc. Respondents (Appellants)
Counsel: James M. Wortzman and Jared C. Wortzman, for the appellants Patricia Virc and Robert Karrass, for the respondent
Heard: November 21, 2023
On appeal from the order of Justice Jill C. Cameron of the Superior Court of Justice, dated July 19, 2023, with reasons at 2023 ONSC 4200.
Costs Endorsement
[1] On January 18, 2024, we allowed the appeal and set aside the application judge’s order, remitting certain issues for trial. We declared, until further court order, that the appellants had a possessory lien over the respondent’s aircraft under the Repair and Storage Liens Act, R.S.O. 1990, c. R.25.
[2] We have received and reviewed the parties’ costs submissions relating to the application, the panel motion, and the three pre-appeal motions brought before single judges of this court.
[3] The appellant prevailed on the appeal and related motions. It is therefore entitled to its costs of those proceedings, as well as of the application that was set aside, in the following all-inclusive amounts:
- As agreed, $30,000 for the appeal and $3,000 for the panel motion;
- $24,000 on the motion before Hoy J.A.;
- $24,000 on the motion before Miller J.A.;
- $28,000 on the motion before Trotter J.A.; and
- $34,977.79 on the application.
“K. van Rensburg J.A.”
“L.B. Roberts J.A.”
“L. Favreau J.A.”