COURT OF APPEAL FOR ONTARIO
Sharpe, van Rensburg and Pardu JJ.A.
BETWEEN
Julie Christine DeNardi
Applicant (Respondent)
and
Anne Dorothy Brittain, Janice Opie and The Public Guardian and Trustee
Respondents (Appellant)
Margaret Hoy, for the appellant
Brad Wiseman, for the respondent
Heard and released orally: March 30, 2015
On appeal from the order of Justice James A. Ramsay of the Superior Court of Justice, dated April 1, 2014.
ENDORSEMENT
1We do not agree that the application judge lacked jurisdiction to make the costs order that is under appeal, or that the appellant did not have adequate notice that costs could be in play. While costs were not specifically claimed in the Notice of Application, there was a claim for such further and other relief as counsel may advise, a costs order had been made on an earlier appearance and the respondent made an offer to settle which included a claim for costs. Collectively, this was adequate notice that costs were in play.
2Nor are we persuaded that there was any injustice or unfairness in making a costs order in the circumstances of this case. The application judge found that the appellant had perjured herself on her cross-examination, and that her perjury had protracted the litigation. Neither the appellant nor the respondent stood to gain anything from the litigation, and given the appellant’s misconduct, a costs order was fully justified.
3The appeal is dismissed. Costs for the respondent fixed at $10,000, inclusive of all appearances in this court, disbursements and taxes.
“Robert J. Sharpe J.A.”
“K. van Rensburg J.A.”
“G. Pardu J.A.”