COURT OF APPEAL FOR ONTARIO
CITATION: Hayer v. Bertasiene, 2023 ONCA 375
DATE: 20230523
DOCKET: COA-22-CV-0038
Doherty, Zarnett and Sossin JJ.A.
BETWEEN
Jagmohan Hayer and Balvinder Hayer
Plaintiffs (Respondents)
and
Lina Bertasiene
Defendant (Appellant)
AND BETWEEN
Lina Bertasiene
Plaintiff by Counterclaim (Appellant)
and
Jagmohan Hayer, Balvinder Hayer, Laman Meshadiyeva, Laman Meshadiyeva Professional Corporation, Oksana Ilioukevitch, Vadym Kvyetko and Svitlana Kvyetko
Defendants by Counterclaim (Respondents)
AND BETWEEN
Oksana Ilioukevitch and Vladimir Ilioukevitch
Plaintiffs (Respondents)
and
Lina Bertasiene and Singaras Bertasius
Defendants (Appellants)
AND BETWEEN
Vadym Kvyetko and Svitlana Kvyetko
Plaintiffs (Respondents)
and
Lina Bertasiene and Singaras Bertasius
Defendants (Appellants)
Terry Corsianos, for the appellants
Harinder Dhaliwal, for the respondents Jagmohan Hayer and Balvinder Hayer
Evelyn Perez Youssoufian, for the respondents Oksana Ilioukevitch and Vladimir Ilioukevitch
Alfred Schorr, for the respondents Vadym Kvyetko and Svitlana Kvyetko
Heard: April 20, 2023
On appeal from the judgments of Justice Catriona Verner of the Superior Court of Justice, dated July 28, 2022.
COSTS ENDORSEMENT
[1] By reasons dated May 2, 2023, we dismissed the appeal from the judgment in favour of the Hayers and fixed costs in favour of the Hayers. We also dismissed the appeals from the judgments in favour of the Kvyetkos and the Ilioukevitchs, dismissed a motion to introduce fresh evidence relating to the appeal from the Ilioukevitchs’ judgment, and invited submissions on costs relating to those matters: Hayer v. Bertasiene, 2023 ONCA 302.
[2] The parties have advised that they have reached agreement on the costs that were left to be determined. In accordance with that agreement, we order as follows:
(a) the appellant Ms Bertasiene shall pay costs fixed in the amount of $7,500 (all inclusive) to the Kvyetko respondents; and
(b) the appellants Ms Bertasiene and Mr. Bertasius shall pay costs to the Ilioukevitch respondents fixed in the amount of $14,700 (all inclusive) for the appeal and a further $5,000 (all inclusive) for the fresh evidence motion.
“Doherty J.A.”
“B. Zarnett J.A.”
“L. Sossin J.A.”