Court of Appeal for Ontario
Judges: Juriansz, van Rensburg and Paciocco JJ.A.
Between
Amy Samina Asghar Applicant (Respondent) (Moving Party)
and
Zamaludeen Ruffudeen Respondent (Appellant) (Responding Party)
Counsel
Amy Asghar, self-represented
Michelle Kropp, for the responding party
Heard and released orally: June 17, 2019
Reasons for Decision
1The appellant abandoned the appeal. The only issue remaining is the respondent's claim for costs of the appeal.
2We consider the appellant's expenditures on legal advice to have been reasonably incurred. We are not persuaded there is any basis to order costs on a substantial indemnity basis.
3The judge below awarded the respondent costs in the amount of 70 percent of the legal fees incurred on a partial indemnity basis, and 100 percent of her disbursements. Following the same approach, we fix the respondent's costs in the amount of $1,500.00 all-inclusive.
4There will be no order as to costs of the attendance today.
R.G. Juriansz J.A.
K. van Rensburg J.A.
David M. Paciocco J.A.