Court of Appeal for Ontario
Judges: Goudge, Rouleau and Watt JJ.A.
Between
Tatiana Titova
Applicant (Respondent in Appeal)
and
Boris Titov
Respondent (Appellant in Appeal)
Counsel:
Aaron Franks and Michael Zalev, for the appellant
Tatiana Titova in person
Heard: October 24, 2012
On appeal from the order of Justice L. Snowie of the Superior Court of Justice, dated November 29, 2011.
COSTS ENDORSEMENT
1On December 7, 2012, the court allowed the appellant’s appeal, in part and requested brief submissions as to costs from both parties.
2In his submissions, the appellant seeks partial indemnity costs of the appeal in the amount of $20,500 and cost of the trial below in the amount of $16,500. As well, the appellant seeks $300 for the costs of the motion heard by Justice Lang.
3The respondent also seeks partial indemnity costs. She seeks costs of the appeal in the amount of $28,230 and costs of the trial in the amount of $50,080.
4Although the respondent was wholly successful at trial, a significant portion of the trial judge’s award was reversed on appeal. The appellant for his part was not totally successful on the appeal as some aspects of the trial judgement were upheld.
5In our view, therefore, neither party was wholly successful at either level and the appropriate disposition is that there be no order as to costs both of the appeal, including the motion before Justice Lang, and of the trial below.
“S.T. Goudge J.A.”
“Paul Rouleau J.A.”
“David Watt J.A.”