COURT FILE NO.: CV-14-10519-00CL

DATE: 20150929

SUPERIOR COURT OF JUSTICE – ONTARIO

COMMERCIAL LIST

RE: ABRAHAM REICHMANN

Plaintiff

AND:

RALPH REICHMANN, personally and in his capacity as Estate Trustee of the Abraham Reichmann Family Trust, ADA REICHMANN, personally and in her capacity as Estate Trustee of the Abraham Reichmann Family Trust, JARWICK DEVELOPMENTS INC., RADA HOLDINGS INC., OLYMPIA TILE INTERNATIONAL INC., RFRE HOLDINGS INC., R.R.F. CORP., R. INVESTMENT CORP., DECORAMIC INTERNATIONAL INC., 932357 ONTARIO INC., and BARRY ARBUS in his capacity as Trustee of the Abraham Reichmann Family Trust, THE CHILDREN'S LAWYER

Defendants

BEFORE: Newbould J.

COUNSEL:
Kenneth Prehogan and Caroline Abela, for the Plaintiff

Luis Sarabia and Nathaniel Read-Ellis, for the defendants other than Barry Arbus

ENDORSEMENT

[1] In my cost endorsement I asked for further submissions regarding a disbursement of $10,125 plus HST of $1,316.25.

[2] The disbursement was to MNP LLP, the accounting firm for Abraham Reichmann who was engaged after Mr. Rutman, the accountant for Ralph and Ada Reichmann, ceased acting for Abraham. The disbursement is challenged on the grounds that the work was duplicative of the work of the expert witness Errol Soriano retained by Abraham. I am not persuaded by that argument. It is clear that MNP did accounting work in relation to the motion that was required because of the accounting evidence advanced by Ralph and Ada. While the description of the work done by MNP bears some resemblance to a description of what Mr. Soriano did, each had a different role to play. I note that Ralph and Ada also retained Scott Davidson as well as having Mr. Rutman provide accounting services. It does them little credit to challenge Abraham’s retainer of both Mr. Soriano and MNP in these circumstances.

[3] The disbursement of $10,125 plus HST of $1,316.25 is allowed.

Newbould J.

Date: September 29, 2015