Court File and Parties
CITATION: Furney et al v. Golgoun, 2025 ONSC 1410
DIVISIONAL COURT FILE NO.: 439/24
DATE: 20250304
SUPERIOR COURT OF JUSTICE – ONTARIO
DIVISIONAL COURT
RE: MARYAM FURNEY, AIDEN FITZGERALD FURNEY aka ALEX FITZGERALD FURNEY, CONNOR FITZGERALD FURNEY Appellants
AND:
SHAHROKH GOLGOUN Respondent
BEFORE: Justice O’Brien
COUNSEL: M. Furney, and A. Furney, Self-Represented Appellants J. Frustaglio, for the Respondent
HEARD: In-writing
Endorsement
[1] On December 19, 2024, the court released its e-mail directions dismissing this appeal. A formal endorsement was provided on February 25, 2025. The appeal was dismissed because the appellants failed to obtain transcripts from the Small Claims Court trial, including of the deputy judge’s Reasons for Decision, despite clear directions from the court that they were required to provide them.
[2] The respondent seeks costs of $12,812.73. It submits elevated costs are appropriate considering the appellants’ conduct. The appellants were offered the opportunity to upload costs submissions but did not do so.
[3] I have decided to award costs to the respondent of $7,500. This amount includes the $1,000 fixed by Myers J. for the November 18, 2024 case conference. This amount is higher than costs usually awarded for a summarily dismissed appeal. I agree with the respondent that it is entitled to a higher award considering the following:
The appellants’ failure to comply with court rules and directions to file the underlying transcripts. It appears they had no intention of providing the transcripts despite the clear direction that they do so.
The appellants only sought an adjournment of the appeal four days before the hearing. Although the adjournment was sought in part because of the conflicting hearing at the Court of Appeal, the appellants had not taken the required steps to obtain transcripts. They also raised the conflict-of-interest issue that Myers J. had already told them could only be dealt with on a motion. Regardless of the Court of Appeal hearing, they therefore were not properly prepared to proceed with the appeal.
Because of the appellants’ conduct, the respondent was required to undertake the expense of attending the case conference before Myers J., preparing a factum for the appeal, and preparing submissions supporting summary dismissal of the appeal.
[4] The appellants therefore shall pay costs of $7,500 all-inclusive to the respondent.
O’Brien J
Released: March 4, 2025