COURT OF APPEAL FOR ONTARIO
CITATION: Yan v. Hutchinson, 2024 ONCA 158
DATE: 20240226
DOCKET: C70018, C70059 & C70120
Feldman, Lauwers and Roberts JJ.A.
DOCKET: C70018
BETWEEN
Nathalie Xian Yi Yan
Plaintiff (Appellant)
and
Greg Hutchinson and Shanna Christine Yee
DOCKET: C70059
AND BETWEEN
Nathalie Xian Yi Yan
Plaintiff (Appellant)
and
Rebecca Catherine Durcan, Erica Richler, Maya Pearlston and Robin Kenneth McKechney
Defendants (Respondents)
DOCKET: C70120
AND BETWEEN
Nathalie Xian Yi Yan
Plaintiff (Appellant)
and
Edward Lawrence Marrocco
Defendant (Respondent)
Nathalie Xian Yan, acting in person
Andrea LeDrew and Christian Breukelman, for the respondents, Greg Hutchinson and Shanna Christine Yee
Gillian Hnatiw and Laura Snowdon, for the respondents, Rebecca Catherine Durcan, Maya Pearlston, Erica Richler and Robin Kenneth McKechney
Ian Sinke, for the respondent, Edward Lawrence Marrocco
Heard: January 19, 2023
On appeal from the order and costs award of Justice Paul R. Sweeny of the Superior Court of Justice dated October 19, 2021, with reasons reported at 2021 ONSC 6957.
On appeal from the order and costs award of Justice Paul R. Sweeny of the Superior Court of Justice dated October 19, 2021, with reasons reported at 2021 ONSC 6953.
On appeal from the order and costs award of Justice Paul R. Sweeny of the Superior Court of Justice dated October 12, 2021, with reasons reported at 2021 ONSC 6791.
COSTS ENDORSEMENT
[1] The decision in this case was reported at 2023 ONCA 97. This endorsement addresses costs. The respondents Greg Hutchinson and Shanna Christine Yee request partial indemnity costs in their matter, and the respondents Rebecca Durcan, Erica Richler, Maya Pearlston, and Robin McKechney request partial indemnity costs in their matter. The respondent Edward Lawrence Marrocco seeks full indemnity costs.
[2] We award partial indemnity costs to Greg Hutchinson and Shanna Christine Yee in the amount of $6,913.59, as requested; the amount is reasonable. We award partial indemnity costs to Rebecca Durcan, Erica Richler, Maya Pearlston, and Robin McKechney in the requested amount of $12,341.09; the amount is reasonable.
[3] Mr. Marrocco seeks full indemnity costs in the amount of $7,766.49 on the following basis:
The Plaintiff’s action against Marrocco is frivolous, vexatious, and does not disclose a reasonable cause of action. The Plaintiff made unproven allegations of misconduct that impugn the integrity of a lawyer and which were seriously prejudicial to the character and reputation of the Defendant. Unsubstantiated allegations of dishonesty, illegality and conspiracy were advanced without merit.
[4] We agree that such allegations warrant substantial indemnity costs. We estimate substantial indemnity costs at 80% of full indemnity costs, and we fix the costs award to Mr. Marrocco on a substantial indemnity basis at $6,100.
[5] The costs awards are all-inclusive of fees, disbursements, and taxes. Ms. Yan shall pay these costs awards forthwith to counsel for the parties.
“K. Feldman J.A.”
“P. Lauwers J.A.”
“L.B. Roberts J.A.”