



COURT OF APPEAL FOR ONTARIO

CITATION: Toronto-Dominion Bank v. 1633092
    Ontario Ltd., 2021 ONCA 6

DATE: 20210106

DOCKET: C67799

Pepall, Hourigan and Roberts
    JJ.A.

BETWEEN

The Toronto-Dominion Bank

Plaintiff

(Appellant/Respondent by way of cross-appeal)

and

1633092 Ontario Ltd., 2362378
    Ontario Inc., Matthew Rooney and Haley Rooney

Defendants

(Respondents/Appellants by way of cross-appeal)

Oren Chaimovitch and Shawna Sosnovich,
    for the appellant/respondent in cross-appeal

Andrew D. Ferguson, for the
    respondents/appellants in cross-appeal

Heard in writing

On appeal from the judgment of Justice
    Michelle OBonsawin of the Superior Court of Justice, dated March 7, 2019, with
    reasons reported at 2019 ONSC 1473.

COSTS ENDORSEMENT

[1]

The parties costs submissions were brought to the
    attention of the panel on January 4, 2021.

[2]

Having considered them, we are of the view that success
    on the appeal and the cross-appeal was divided and that the parties should bear
    their own costs.  We so order.

S.E. Pepall
    J.A.

C.W. Hourigan
    J.A.

L.B. Roberts
    J.A.


