Estate’s costs should be limited to actual partial indemnity costs it incurred

Plaintiffs, two of four shareholders in holding company that owned commercial property, brought action against defendants for their share of rental income. One defendant held back part of plaintiffs’ entitlement because of claim to part of their funds by estate of former property manager. Defendants’ motion to add estate as necessary party to action was dismissed on basis that estate’s claim was statute barred. Appeal by estate was allowed and it was added as party. Estate was awarded its costs of appeal. Parties made submissions on costs of motion below. Estate and defendants entitled to their costs of motion. Main focus of appeal and motion was whether estate was entitled to be added as party to underlying action, issue that it successfully appealed. Estate’s costs should be limited to actual partial indemnity costs it incurred. Defendants were also entitled to their costs of motion on partial indemnity basis. Plaintiffs ordered to pay estate and defendants their costs of motion, fixed in amount of $10,000 payable to estate and $8,000 payable to defendants, both amounts inclusive of disbursements and HST. 

Abrahamovitz v. Berens (2018), 2018 CarswellOnt 8645, 2018 ONCA 512, John Laskin J.A., K. Feldman J.A., and B.W. Miller J.A. (Ont. C.A.); additional reasons (2018), 2018 CarswellOnt 3820, 2018 ONCA 252, John Laskin J.A., K. Feldman J.A., and B.W. Miller J.A. (Ont. C.A.).