Court of Appeal for Ontario

Citation: LeVan v. LeVan, 2008 ONCA 505

Date: 2008-06-24

Docket: C46049

Between:

Erika Margaret LeVan

Applicant/Respondent

and

Richard Bruce LeVan

Respondent/Appellant

Before: Doherty, Borins and MacFarland JJ.A.

Counsel:

Alan J. Lenczner, Q.C. and Gerald P. Sadvari for the appellant

Philip M. Epstein, Q.C. and Ilana I. Zylberman for the respondent

Heard: January 7, 2008

On appeal from the judgment of Justice Nancy L. Backhouse of the Superior Court of Justice dated August 24, 2006, with reasons reported at (2006), 2006 31020 (ON SC), 82 O.R. (3d) 1.

COSTS ENDORSEMENT

[1] I have had the opportunity to review the costs submissions of the parties. I agree with the submission of the appellant that the counsel fees claimed by the respondent are excessive given that the appeal did not raise complex issues and that it was a one day appeal. In my view, the unsuccessful party would not have expected to pay costs over $100,000.00.

[2] I would award the respondent her costs, on a partial indemnity basis, in the amount of $20,000.00, including G.S.T., and disbursements of $8,910.33, plus G.S.T.

"S. Borins J.A."

"I agree Doherty J.A."

"I agree J. MacFarland J.A."