Court File and Parties

COURT FILE NO.: FC-17-1323 DATE: 2020/01/23 ONTARIO SUPERIOR COURT OF JUSTICE

BETWEEN: BARBARA COHEN Applicant – and – STEVEN ERIC COHEN, in his capacity as Trustee of the Estate of SIDNEY COHEN, Deceased Respondent

Counsel: Stephen Victor, Q.C., for the Applicant Marta Siemiarczuk and Daniel Schwartz, for the Respondent, Steven Eric Cohen in his capacity as the Trustee of the Estate of Sidney Cohen, Deceased Susanne Sviergula, for the non-party witness, Kenneth Radnoff

HEARD: December 17, 2019

Endorsement

corthorn J.

[1] On January 8, 2020, I released a ruling on a motion for relief related to the preservation of evidence of a witness (2020 ONSC 88, and “the Ruling”). The issue of costs of the motion was not addressed because there was the potential for the parties and the witness to appear before me in follow up to the Ruling. If the parties and the witness were unable to agree upon the procedure to be followed when recording the witness’ evidence, they were to appear before me and make submissions in that regard.

[2] The parties and the witness have resolved the issue of the procedure to be followed when recording the witness’ evidence. They do not need to make a further appearance. It is therefore appropriate to provide the parties and the witness with parameters for submissions with respect to costs of the motion.

[3] If the parties and the witness are unable to agree on the costs of the motion, they shall make written submissions as follows:

a) The submissions shall be limited to a maximum of four pages, exclusive of a bill of costs;

b) Written submissions shall comply with Rule 4 of the Rules of Civil Procedure;

c) Hard copies of any case law or other authorities relied on shall be provided with the submissions and shall comply with Rule 4 of the Rules of Civil Procedure with respect to font size;

d) The submissions, the documents referred to therein, and case law and other authorities shall be on single-sided pages;

e) The parties shall deliver their respective costs submissions by 4:00 p.m. on the twentieth business day following the date on which this endorsement is released;

f) The witness shall deliver his costs submissions by 4:00 p.m. on the thirtieth business day following the date on which this endorsement is released; and

g) The reply submissions, if any, of parties, respectively shall be delivered by 4:00 p.m. on the thirty-fifth business day following the date on which this endorsement is released. Reply submissions shall comply with paragraphs (a) to (d) above.

Madam Justice Sylvia Corthorn

Released: January 23, 2020