Superior Court of Justice - Ontario

COURT FILE NO.: CV-13-472023 & CV-13-476528
DATE: 20140402

RE: SARI LIEBERMAN

AND:

JOHN LIEBERMAN IN TRUST and ABRAHAM LIEBERMAN

AND:

JOHN LIEBERMAN

AND:

SARI LIEBERMAN and ABRAHAM LIEBERMAN

BEFORE: The Honourable Mr. Justice Stephen E. Firestone

COUNSEL:
John M. Freeman, for the Applicant/Respondent

Hedy Epstein, for the Respondent/Applicant John Lieberman in trust

Monty Goren, for the Respondent Abraham Lieberman

COSTS ENDORSEMENT

[1] On October 9, 2013 on consent, the application in CV-13-472023 was adjourned to November 21, 2013 to allow the application record in CV-13-476528 to be filed as well as to allow any necessary cross-examinations to take place.

[2] On November 21, 2013 the moving party in CV-13-472023 advised that the only issue in the application was whether the 10 year limitation period under the Real Property Limitations Act, R.S.O. 1990 had expired and that he was ready to proceed that day.

[3] It was argued that as a result of credibility issues viva voce evidence was required in order to determine the acknowledgment issue which is central to the limitation issue and ultimately the validity of the charge.

[4] On that date I decided that the determination of whether there was an acknowledgement may require viva voce evidence. I therefore ordered that both applications be heard either before or as part of action CV-13-475718 and that the parties could send their costs submissions to me regarding the two appearances before me.

[5] I have considered the cost submissions of the parties regarding their attendances before me on October 9, 2013 and November 21, 2013.

[6] Costs are within the discretion of the Court: Courts of Justice Act, s.131 (1). The Court has a broad discretion when determining the issue of costs. Rule 57.01(1) sets out the factors the court may consider in awarding costs. This includes any other matter relevant to the question of costs. As well I am to apply the principle of proportionality to the circumstances here: Rule 1.04 (1).

[7] Given that these applications did not proceed on the merits and that all parties contributed, in part, to the adjournments, I order the parties bear their own costs flowing from the two attendances before me.

Firestone J.

Date: April 2, 2014