COURT OF APPEAL FOR ONTARIO
CITATION: Eks v. Tadeu, 2020 ONCA 456
DATE: 20200708
DOCKET: C67195
Feldman, Fairburn and Nordheimer JJ.A.
BETWEEN
Susan Elizabeth Eks
Plaintiff/Defendant by Counterclaim
(Respondent)
and
Kerri Lynn Tadeu
Defendant/Plaintiff by Counterclaim
(Appellant)
Christopher Du Vernet and Carlin McGoogan, for the appellant
David M. Adams and Matthew E. Taft, for the respondent
Heard: in writing
On appeal from the judgment of Justice Graeme Mew of the Superior Court of Justice, dated June 17, 2019, with reasons reported at 2019 ONSC 3745.
COSTS ENDORSEMENT
[1] On June 30, 2020 we dismissed this appeal. In doing so, we awarded costs to the respondent in the amount of $3500.
[2] Unbeknownst to the panel, prior to the release of our decision, counsel had written to the court to advise that the parties had reached an agreement on the costs of the appeal. Their agreement was, in part, that if the appeal was dismissed the respondent would receive $11,000 for costs, inclusive of disbursements and HST.
[3] In light of the parties’ agreement, we amend our reasons to provide that the appellant will pay to the respondent her costs of the appeal fixed in the amount of $11,000, inclusive of disbursements and HST.
“K. Feldman J.A.”
“Fairburn J.A.”
“I.V.B. Nordheimer J.A.”