Court File and Parties
COURT FILE NO.: 190/08
DATE: 20081002
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
CARNWATH, SWINTON AND RAY JJ.
B E T W E E N:
JOANNE BOYAR Appellant/Plaintiff
- and -
ADDRESSOGRAPH BARTIZAN G.P. Respondent/Defendant
Elizabeth Dyke, for the Appellant/Plaintiff Terence J. Billo, for the Respondent/ Defendant
HEARD at Toronto: October 2, 2008
Oral Reasons for Judgment
RAY J.: (Orally)
[1] An award of costs by a motions judge is an exercise of discretion and leave to appeal will not be granted except in very limited circumstances on strong grounds.
[2] The respondent seeks leave to appeal the learned motions judge’s order that there be no order as to costs. He held that the arguable confusion giving rise to the appellant’s motion was precipitated by the inadvertence of the defendant in the drafting of documents. On the evidence before the learned motions judge, it was certainly open for him to make that finding. Further, the respondent argues that the appellant’s motion should attract the costs consequences of Rule 20.06. The appellant’s motion was in fact under Rule 49.09.
[3] We reject the argument that the costs consequences of an unsuccessful motion for summary judgment under Rule 20.06 have application to an unsuccessful motion under Rule 49.09. While Rule 20 cases may apply, Rule 20 costs consequences do not.
[4] We see no reversible error in the exercise of the learned motions judge’s discretion and motion for leave to appeal is dismissed.
CARNWATH J.
[5] Costs are divided. There should be no order as to costs. The endorsement reads: “This appeal is dismissed for oral reasons given by Ray J. The respondent’s motion for leave to appeal the costs order below is dismissed for oral reasons given by Ray J. Success is divided, no order as to costs.”
RAY J.
CARNWATH J.
SWINTON J.
Date of Reasons for Judgment: October 2, 2008
Date of Release: October 8, 2008
COURT FILE NO.: 190/08
DATE: 20081002
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
CARNWATH, SWINTON AND RAY JJ.
B E T W E E N:
JOANNE BOYAR Appellant/Plaintiff
- and -
ADDRESSOGRAPH BARTIZAN G.P. Respondent/Defendant
ORAL REASONS FOR JUDGMENT
RAY J.
Date of Reasons for Judgment: October 2, 2008
Date of Release: October 8, 2008