COURT OF APPEAL FOR ONTARIO
DATE: 20240412 DOCKET: C70394
Lauwers, Roberts and Monahan JJ.A.
BETWEEN
De Cerigo Properties Inc., Studio Pyramid Inc. and Milosh Pavlovicz Plaintiffs (Appellants)
and
Christine Raffan Defendant (Respondent)
and
David Corazza, Karen Caradonna and Robert Rourke Third Parties
Counsel: Michael Mazzuca and Broghan Masters, for the appellants Deborah Berlach and Noah Eklove, for the respondent Leon Melconian, for Karen Caradonna [^1]
Heard: March 13, 2024
On appeal from the judgment of Justice Jane Ferguson of the Superior Court of Justice, dated February 9, 2022, with reasons reported at 2022 ONSC 1076.
COSTS ENDORSEMENT
[1] On March 22, 2024, we allowed the appeal and ordered a new trial. The parties agreed on the disposition of the appeal costs but could not agree on the disposition of the trial costs below. We have received and reviewed their written submissions.
[2] We agree with the respondent's submission that the disposition of the costs of the first trial should be left to the trial judge hearing the new trial. The new trial judge will be in the best position to determine this issue.
“P. Lauwers J.A.”
“L.B. Roberts J.A.”
“P.J. Monahan J.A.”
[^1] Karen Caradonna was not named as a respondent on the appeal. Leon Melconian appeared but made no written or oral submissions on behalf of Karen Caradonna.