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COURT OF APPEAL FOR ONTARIO

CITATION: Fehr v. Gribilas, 2023 ONCA 791

DATE: 20231128

DOCKET: C70459

van Rensburg, Paciocco, and Thorburn JJ.A.

BETWEEN

William Fehr Sr. and Dorothey Fehr

Plaintiffs
(Appellants/Respondents by way of cross-appeal)

and

Paul Gribilas and Burns Hubley LLP

Defendants
(Respondents/Appellants by way of cross-appeal)

and

*J+W Foods Inc., William Fehr Jr., and Steven Trougakos

Third Parties
(*Respondent)

Christine G. Carter, for the appellants/respondents by way of cross appeal

Earl A. Cherniak and Spencer Jones, for the respondent/appellant by way of cross appeal Burns Hubley LLP

Michael R. Kestenberg and Aaron Hershtal, for the respondent/appellant by way of cross-appeal Paul Gribilas

Jonathan Rosenstein, for the respondent J+W Foods Inc.

Heard: April 25, 2023

On appeal from the order of Justice Paul M. Perell of the Superior Court of Justice, dated January 12, 2022, with reasons reported at 2022 ONSC 275 and from the costs order, dated February 25, 2022, with reasons reported at 2022 ONSC 1296.

AMENDED COSTS ENDORSEMENT

[1]          The respondents were successful in the appeal. Having reviewed the parties’ written costs submissions, we award costs of the appeal to the respondent Burns Hubley LLP in the sum of $28,000, to the respondent Paul Gribilas in the sum of $22,500, and to the respondent J+W Foods Inc. in the sum of $5,000. These amounts are inclusive of disbursements and applicable interest and are payable by the appellants.

“K. van Rensburg J.A.”

“David M. Paciocco J.A.”

“Thorburn J.A.”

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