Court of Appeal for Ontario

Citation: Premi v. Khodeir, 2010 ONCA 721 Date: 2010-10-28 Docket: C51710

Between: Nora Jane Premi Applicant (Respondent on Appeal)

and

Lucien Roger Khodeir Respondent (Appellant)

Before: Simmons, Gillese and Karakatsanis JJ.A.

Counsel: Lucien Roger Khodeir, in person Kathryn Junger, for the respondent

Heard and endorsed: October 22, 2010 On appeal from the orders of Justice James R. H. Turnbull of the Superior Court of Justice dated January 25 and 29, 2010.

APPEAL BOOK ENDORSEMENT

[1] We reject the appellant's submission that the motion judge lacked jurisdiction to determine the issues at the January 22, 2010 hearing.

[2] The formal order arising from the motion judge's July 14, 2009 decision had not been issued as of January 22, 2010. Accordingly, the trial judge was not functus.

[3] In his January 25, 2010 decision arising from the January 22, 2010 hearing, the motion judge indicated he issued addendum #1 to his July 14, 2009 decision in the mistaken belief that the parties had agreed upon an amendment. He also clarified specifically why he was satisfied that he had not made a typographical error in his original decision.

[4] Particularly in these circumstances, we see no basis for the appellant's claims that the trial judge was biased as the result of reading the costs submissions or that the appellant was prejudiced in any way.

[5] We also reject the appellant's submission that the trial judge lacked jurisdiction to address costs. The delay in addressing the question of costs did not deprive the motion judge of jurisdiction.

[6] As for the merits of the costs issue, the motion judge gave thorough reason for his costs award and we see no error in principle.

[7] In the circumstances, the appeal from the January 25, 2010 order is dismissed and the appeal from the January 29, 2010 costs order is also dismissed.

[8] Costs of the appeal are to the respondent on a partial indemnity scale fixed in the amount of $5,000 inclusive of disbursements and applicable taxes.