Court of Appeal for Ontario

Date: 2025-10-28 Docket: COA-24-CV-0846

Judges: Copeland, Monahan and Rahman JJ.A.

Between

Terry Longair Professional Corporation Plaintiff (Respondent)

and

Akumin Inc., Riadh Zine-El-Abidine*, Mohammad Saleem, Thomas Davies*, Stan Dunford*, Murray Lee*, James Webb*, and Ernst & Young LLP** Defendant (Appellants*)

Counsel

Eliot N. Kolers, Daniel S. Murdoch and Brittany A.S. Davis, for the appellants

Paul Guy and Garth Myers, for the respondent

Heard: May 27, 2025

On appeal from the order of Justice Jasmine T. Akbarali of the Superior Court of Justice, dated June 26, 2024, with reasons at 2024 ONSC 3675.

Costs: Reasons for Decision

[1] The parties have made costs submissions in accordance with this court's direction in the appeal judgment Terry Longair Professional Corporation v. Akumin Inc., 2025 ONCA 606, released on September 2, 2025.

[2] The respondent was entirely successful on the appeal from the order certifying the action as a class proceeding pursuant to s. 5(1) of the Class Proceedings Act, 1992, S.O. 1992, c. 6 as well as from the order granting leave to proceed under s. 138.3(1) of the Securities Act, R.S.O. 1990, c. S. 5. The respondent seeks costs of $20,000 for the motion for leave to appeal heard by the Divisional Court, plus $50,000 for each of the two appeals to this court, for a total costs award of $120,000 all-inclusive.

[3] The Divisional Court fixed costs for the motion for leave to appeal at $20,000, inclusive, payable in the discretion of the appeal panel. Given the respondent's success on the subsequent appeals heard by this court, it is appropriate that the costs for the leave to appeal motion in the Divisional Court be paid by the appellants.

[4] The respondent argues that since there were two separate appeals heard by this court, an award of $50,000 for each appeal is appropriate. We do not agree. While there were technically two appeals, the issues and arguments of the appeals were inextricably bound up together in substance.

[5] Accordingly, we award costs of $50,000 for the appeals to this court and $20,000 for the leave to appeal in the Divisional Court — a total costs award of $70,000, all-inclusive.

J. Copeland J.A.

P.J. Monahan J.A.

M. Rahman J.A.