Court File and Parties

COURT FILE NO.: CV-15-4447-0000-ES DATE: 2016 05 26

SUPERIOR COURT OF JUSTICE – ONTARIO

RE: Concetta Baca, Gina De Vincentis and Luciano Gualtiero Ricci v. Augusta Tiberi, Bruno Tiberi and Ida Caporale

BEFORE: Fragomeni, J.

COUNSEL: Jon David Giacomelli and Manjit Singh, for the Applicants Dorota Irena Hagel, for the Respondents

HEARD: February 26, 2016 and March 24, 2016

ENDORSEMENT RE: COSTS

[1] I have received and reviewed the very lengthy and detailed costs submissions filed by the parties. In light of my endorsement dated April 29, 2016, I am satisfied that the costs of the two attendances before me ought to be reserved to the trial judge.

[2] At paragraph 2 of my April 29, 2016 endorsement I state the following:

[2] I am satisfied on the evidentiary record before me that a trial is required for a proper adjudication of the merits of the issues and it is in the interests of justice that the Application be converted into an action.

[3] At paragraph 7 I set out the following:

[7] These allegations are serious and will involve findings of fact, which in my view cannot be determined on Affidavit evidence. This matter requires a trial such that the trial judge can properly hear the testimony of the witnesses, assess credibility and make findings of fact to determine the very serious allegations raised by the Applicants.

[4] Finally, at paragraph 15 I state:

[15] The claims of the Respondents are significant. The allegations made by the Applicants are serious. There is simply too much contentious evidence for a fair and proper determination of these issues without a trial.

ORDER TO ISSUE:

[5] Costs of the two attendances before me are reserved to the trial judge.

Fragomeni, J.

DATE: May 26, 2016