Court of Appeal for Ontario
Date: 2019-04-10 Docket: C65318
Panel: Doherty, Pardu and Nordheimer JJ.A.
Between
Bondfield Construction Company Limited Responding Party (Appellant)
and
The Globe and Mail Inc., Phillip Crawley, Sylvia Stead, Greg McArthur, Robyn Doolittle and Karen Howlett Moving Parties (Respondents)
Counsel
Kevin O'Brien and Karin Sachar, for the appellant
Carlos Martins and Andrew MacDonald, for the respondents
Heard: February 13, 2019
On appeal from: The order of Justice E.M. Morgan of the Superior Court of Justice, dated March 28, 2018, with reasons reported at 2018 ONSC 1880, and from the costs order of Justice E.M. Morgan dated May 29, 2018, with reasons reported at 2018 ONSC 3347.
Costs Endorsement
General
1In our view, the CCAA proceedings brought against Bondfield do not preclude the court from addressing the cost issues relating to the appeal.
Costs of the Motion
2We see no reason to depart from the "presumption" in s. 137.1(8). There should be no order as to costs on the motion.
Costs of the Appeal
3The "presumption" in s. 137.1(8) does not apply to costs on appeal, but can inform the appeal court's exercise of its discretion. Bearing in mind s. 137.1(8) and the fact that the jurisprudential landscape shifted significantly between the motion and the appeal, we award Bondfield costs on the appeal in the amount of $8,000, inclusive of disbursements and relevant taxes.
"Doherty J.A."
"G. Pardu J.A."
"I.V.B. Nordheimer J.A."