Court of Appeal for Ontario

Citation: Titova v. Titov, 2013 ONCA 54

Date: 20130129

Docket: C54800

Judges: Goudge, Rouleau and Watt JJ.A.

Between

Tatiana Titova

Applicant (Respondent in Appeal)

and

Boris Titov

Respondent (Appellant in Appeal)

Counsel:

Aaron Franks and Michael Zalev, for the appellant

Tatiana Titova in person

Heard: October 24, 2012

On appeal from the order of Justice L. Snowie of the Superior Court of Justice, dated November 29, 2011.

COSTS ENDORSEMENT

[1] On December 7, 2012, the court allowed the appellant’s appeal, in part and requested brief submissions as to costs from both parties.

[2] In his submissions, the appellant seeks partial indemnity costs of the appeal in the amount of $20,500 and cost of the trial below in the amount of $16,500. As well, the appellant seeks $300 for the costs of the motion heard by Justice Lang.

[3] The respondent also seeks partial indemnity costs. She seeks costs of the appeal in the amount of $28,230 and costs of the trial in the amount of $50,080.

[4] Although the respondent was wholly successful at trial, a significant portion of the trial judge’s award was reversed on appeal. The appellant for his part was not totally successful on the appeal as some aspects of the trial judgement were upheld.

[5] In our view, therefore, neither party was wholly successful at either level and the appropriate disposition is that there be no order as to costs both of the appeal, including the motion before Justice Lang, and of the trial below.

“S.T. Goudge J.A.”

“Paul Rouleau J.A.”

“David Watt J.A.”