COURT OF APPEAL FOR ONTARIO

CITATION: DeNardi v. Opie, 2015 ONCA 239

DATE: 20150410

DOCKET: C58736

Sharpe, van Rensburg and Pardu JJ.A.

BETWEEN

Julie Christine DeNardi

Applicant (Respondent)

and

Anne Dorothy Brittain, Janice Opie and The Public Guardian and Trustee

Respondents (Appellant)

Margaret Hoy, for the appellant

Brad Wiseman, for the respondent

Heard and released orally: March 30, 2015

On appeal from the order of Justice James A. Ramsay of the Superior Court of Justice, dated April 1, 2014.

ENDORSEMENT

[1] We do not agree that the application judge lacked jurisdiction to make the costs order that is under appeal, or that the appellant did not have adequate notice that costs could be in play. While costs were not specifically claimed in the Notice of Application, there was a claim for such further and other relief as counsel may advise, a costs order had been made on an earlier appearance and the respondent made an offer to settle which included a claim for costs. Collectively, this was adequate notice that costs were in play.

[2] Nor are we persuaded that there was any injustice or unfairness in making a costs order in the circumstances of this case. The application judge found that the appellant had perjured herself on her cross-examination, and that her perjury had protracted the litigation. Neither the appellant nor the respondent stood to gain anything from the litigation, and given the appellant’s misconduct, a costs order was fully justified.

[3] The appeal is dismissed. Costs for the respondent fixed at $10,000, inclusive of all appearances in this court, disbursements and taxes.

“Robert J. Sharpe J.A.”

“K. van Rensburg J.A.”

“G. Pardu J.A.”