Yekrangian v. Boys, 2021 ONCA 777

Case Summary

The Court of Appeal for Ontario issued a costs endorsement following its main appeal decision. The court awarded the respondents costs for two pre-hearing motions ($1,000 for the Motion to Expedite and $7,000 for the Motion to Introduce Fresh Evidence). Due to divided success on the appeal itself, the parties were ordered to bear their own costs for the appeal. The lower court's costs order was not disturbed as the basis for the appellants' partial success on one issue was not argued at the application level.

Court File and Parties

Court: Court of Appeal for Ontario Date: 2021-11-01 Docket: C68401

Before: Fairburn A.C.J.O., Miller and Zarnett JJ.A.

Between: Seyedehzahra Delnaz Yekrangian and Elle Hariri Cameron Applicants (Appellants)

And: Christopher Allan Boys, Kristy Anne Boys and Stefan Brogren Respondents (Respondents)

Counsel: Melvyn L. Solmon and Rajiv Joshi, for the appellants Jonathan Barr and Amiri Moses Dear, for the respondents

Heard: March 3, 2021 by video conference

On appeal from the judgment of Justice Andra Pollak of the Superior Court of Justice, dated May 12, 2020, with reasons reported at 2020 ONSC 2320, 20 R.P.R. (6th) 113.

Costs Endorsement

[1] On September 17, 2021, this court released its reasons in Yekrangian v. Boys, 2021 ONCA 629 and invited submissions on costs of the appeal. Having reviewed the submissions of the parties, we are of the view that the respondents should be awarded their costs of the two pre-hearing motions. Given the divided success on the appeal, the parties should bear their own costs of the appeal. We would not disturb the costs order for the application below, given that the basis for the appellant’s partial success regarding 176 Strachan was an argument not advanced on the application.

[2] The respondents are awarded costs in the amount of $1,000 for the Motion to Expedite the Appeal, as agreed at the hearing of that motion, and $7,000 for the Motion to Introduce Fresh Evidence, both inclusive of disbursements and HST.

Fairburn A.C.J.O. B.W. Miller J.A. B. Zarnett J.A.