COURT FILE AND PARTIES
COURT FILE NO.: 05-114/09
DATE: 20121010
SUPERIOR COURT OF JUSTICE - ONTARIO
RE: RACHEL SKROBACKY, by her attorneys for property Madelon Niman and Suzan Zarnett, MADELON NIMAN and SUZAN ZARNETT personally and in their capacities as Trustees of the Skrobacky Family Trust 2,
Plaintiffs
AND:
JACK FRYMER, SAMUEL STERN (also known as SAM STERN), JANICE STERN, CAROL FRYMER, GARFIN ZEIDENBERG LLP, STEINBER, MORTON HOPE & ISRAEL LLP, STACY MITCHELL, THE CANADA TRUST COMPANY in its capacity as Estate Trustee During Litigation of the Estate of Abraham Skrobacky, ES-LEA HOLDINGS LIMITED, ES-LEA INVESTMENTS LIMITED, K.R.S. CONSTRUCTION LIMITED, CAMWOOD CONSTRUCTION LIMITED, CAMWOOD INVESTMENTS LIMITED, QUEEN PETER HOLDINGS INC., QUEEN BROWN HOLDINGS INC, KING PETER INVESTMENTS INC., JANFAR HOLDINGS LIMITED, S. STERN FINANCIAL CORPORATION, JAN-SAM HOLDINGS LTD., JORDALE MANAGEMENT INC., 1253174 ONTARIO LTD., MAX STERN INVESTMENTS LIMITED, BAYCREST CENTRE FOR GERIATRIC CARE, ISRAEL SOLDIERS FUND, JEWISH NATIONAL FUND OF CANADA, BETH DAVID SYNAGOGUE OF TORONTO, ZAREINU EDUCATIONAL CENTRE, ADAM NIMAN, DALE NIMAN, JEREMY NIMAN, DARA ZARNETT, DAVID ZARNETT, FRANCIS CUTLER (also known as FRANCES CUTLER HAHN), and MERCEDES STEWART
Defendants
BEFORE: Whitaker, J.
COUNSEL:
Chris Bredt / Danielle Joel / Ewa Krajewska, for the Plaintiffs
Melanie Yack for the Stern Defendants
A. Dryer for the Frymer Defendants
A. Antoniou for the Garfin Zeidenberg LLP Defendants
Albert S. Frank for Queen Peter, Queen Brown, King Peter, Max Stern Inv. Inc. And Janfar Holding
HEARD: May 8, 2012
ENDORSEMENT
1 . I have reviewed the written costs submissions of the parties following the day long motion heard on May 8, 2012 with reasons of July 20, 2012.
2 . I have considered the submissions in light of those factors set out in Rule 57 of the Rules of Civil Procedure – which should guide the exercise of my discretion to award costs.
3 . The issues in dispute were of significant importance to the parties and to this point, fairly novel. The advance payment sought here is large.
4 . I am particularly mindful of the reasonable expectations of the parties who are all at this point, familiar with the litigation process.
5 . The plaintiff is entitled to her costs fixed at $45,000.00 inclusive of disbursements and taxes, payable forthwith by the defendants jointly and severally.
6 . The ETDL is entitled to costs of $15,000.00 payable from the estate as permitted under paragraph 12 of the Low Order.
Whitaker, J.
Date: October 10, 2012