Court File and Parties

COURT FILE NO.: CV-22-00683894-0000 DATE: 2023-01-03 SUPERIOR COURT OF JUSTICE - ONTARIO

RE: ALBERT CARBONE and CATHY HORVATH, Plaintiffs – and – SALVATORE BOCCIA, ROSANNA BOCCIA, 215 HOLDING CORP., JANE DOE, JOHN DOE, and DOE CORP., Defendants

BEFORE: Justice E.M. Morgan

COUNSEL: Mark Ross and Helen Richards, for the Plaintiffs Ewa Krajewski and Katrina Crocker, for the Defendant, Rosanna Boccia

HEARD: Costs submissions in writing

COSTS ENDORSEMENT

[1] Following a hearing before me, the Plaintiffs were successful in obtaining a Mareva injunction and a Norwich order. They now seek costs in the all-inclusive amount of $47,495.53.

[2] The Defendant, Rosanna Boccia (“Rosanna”), was represented by counsel at the hearing; her counsel have made written submissions in response to the Plaintiffs’ costs request. The Defendant, Salvatore Boccia (“Salvatore”), was self-represented at the hearing; he has not responded to the Plaintiffs’ costs request. The Plaintiffs seek a costs award jointly and severally against both of those Defendants.

[3] In their written submissions, the Plaintiffs contend that the Defendants “unnecessarily lengthened the proceedings by refusing to produce key documents, asking for multiple adjournments, and taking untenable positions.” Counsel for Rosanna submit that while this may accurately describe the tactics engaged in by Rosanna’s son, Salvatore, it would be unfair and inaccurate to paint Rosanna with the same brush.

[4] Rosanna’s counsel agree that the amount of costs sought by the Plaintiffs is reasonable given the nature, length, and complexity of the hearing. However, given the way they characterize the different approaches between Rosanna and Salvatore, they seek an order that costs against Rosanna be in the cause.

[5] Counsel for Rosanna are correct that neither they nor their client engaged in obstructionist litigation tactics like Salvatore did. She put up a vigorous fight, but played by the Rules of Civil Procedure. Her lawyers were forthcoming and appropriately responsive, and Rosanna did not seek to inappropriately hide anything from the Plaintiffs or from the court.

[6] I agree with Plaintiffs’ counsel that Salvatore was a difficult litigant who has little regard for the truth. In my reasons for decision, I described his position as a “fantasy-like tale”, and concluded that “nothing that Mr. Boccia says, even when addressing the court, makes enough sense for anyone to believe him”: Carbone v. Boccia, 2022 ONSC 6528, at para 13.

[7] As for Rosanna, her position has consistently been that she did not realize she was the sole director and officer of the Defendant, 215 Holding Corp. (“215 Hold Co.”), and that she was manipulated in acting in that position by Salvatore. That may or may not turn out to be true; but at the same time, I found that her “professed ignorance of the scheme that she facilitated is not a response that assists her in a motion such as the one before me”: Ibid., at para 15.

[8] As signing officer for 215 Hold Co. she had authority over its bank accounts and at least a small part of the funds advanced to 215 Hold Co. by the Plaintiffs were transferred to her. I therefore granted the orders sought by the Plaintiffs in an effort to trace and freeze the missing funds. Rosanna sought to resist such an order as applied to her own accounts funds, but was unsuccessful at doing so. While a determination of liability will only come at a later stage, she did lose the aspect of the motion in which she participated.

[9] Costs are always discretionary under section 131 of the Courts of Justice Act. Using round numbers, the Plaintiffs are seeking, and are entitled to, costs in the total amount of $47,000. In my view, that entire amount is the responsibility of Salvatore and 215, while half that amount is also the responsibility of Rosanna.

[10] Accordingly, Salvatore, 215, and Rosanna are jointly and severally liable to pay the Plaintiffs $23,500. Further, Salvatore and 215 are jointly and severally liable to pay the Plaintiffs an additional $23,500. These amounts are inclusive of all fees, disbursements, and HST.

Date: January 3, 2023 Morgan J.