Should Leave to Appeal the Motion Judge’s Costs Order Be Granted?
 The appellants did not make oral submissions on this
issue. Stockwoods was successful in the proceedings before the
motion judge and was clearly entitled to its costs on a partial
 The appellants submit that this court should grant leave to
consider whether the record before the motion judge properly
established that costs should include time expended by Stockwoods’s lawyers in respect of the motion. It does not appear that
this was argued before the motion judge. In any event, I agree
with counsel for Stockwoods that there is no arguable case
against the entitlement of costs in relation to the time spent by
the Stockwoods lawyers on the motion. Indeed, using lawyers
familiar with the file may well have reduced the costs.
 I would not grant leave to appeal the costs order.
 I would dismiss the appeal. Stockwoods is entitled to its costs
of the appeal on a partial indemnity basis. Having reviewed the costs
outline submitted by the parties, I would order costs in the amount
of $32,000, inclusive of relevant taxes and disbursements.
Brown v. Laurie et al.
[Indexed as: Brown v. Laurie]
2019 ONCA 175
Court of Appeal for Ontario, Simmons, Tulloch and D.M. Brown JJ.A.
March 6, 2019
Civil procedure — Summary judgment — Evidence — Plaintiff and
deceased naming each other as beneficiary of life insurance policy as
part of business arrangement — Estate alleging that plaintiff and
deceased entered into buy-sell agreement under which proceeds from
insurance policy on one partner’s life would be used to purchase his
share in company from his estate — Motion judge’s finding that no buy-sell agreement existed being fully supported by evidence — Motion
judge not erring in granting plaintiff summary judgment declaring that
he was entitled to proceeds of deceased’s life insurance policy and
dismissing estate’s claim to proceeds.