Court File and Parties

COURT OF APPEAL FOR ONTARIO DATE: 20240911 DOCKET: COA-22-CV-0445

Roberts, Zarnett and Favreau JJ.A.

BETWEEN

David O’Neill, in his capacity as Estate Trustee for the Estate of T.O., deceased Applicant (Appellant/Respondent in Cross-Appeal)

and

D.O., The Ridgeway Education Rec Centre Ltd. o/a Little Bright Stars Learning Centre (1241204 Ontario Corp. No.) and 2012023 Ontario Limited c/o Shareholder D.O. Respondents (Respondents/Appellants by Cross-Appeal)

Counsel: Tanya A. Pagliaroli and Vinayak Mishra, for the appellant Robert N. Kostyniuk, K.C., for the respondents

Heard: July 2, 2024

On appeal from the judgment of Justice Clayton Conlan of the Superior Court of Justice, dated October 17, 2022, with reasons reported at 2022 ONSC 5896.

COSTS ENDORSEMENT

[1] In our decision released August 8, 2024, we allowed the appeal in part and also allowed the cross-appeal: T.O. Estate v. D.O., 2024 ONCA 603.

[2] The appellant Estate succeeded on the appeal, but only against one of the three respondents. The respondent D.O. was completely successful on the cross-appeal, but one aspect of the cross-appeal had been conceded by the Estate and the other, although important to D.O. personally, involved an amount considerably less than that involved in the appeal itself.

[3] In our view, given the divided success, the appropriate disposition of costs of the appeal and the cross-appeal is that the parties should bear their own costs.

“L.B. Roberts J.A.”

“B. Zarnett J.A.”

“L. Favreau J.A.”