Court of Appeal for Ontario

Citation: Conway v. The Law Society of Upper Canada, 2016 ONCA 163
Date: 2016-02-26
Docket: C59451

Before: Weiler, van Rensburg and Roberts JJ.A.

Between:

David Robert Conway (Appellant)

and

The Law Society of Upper Canada and Lorne Levine (Respondent)

Counsel:
David Robert Conway, in person
Brendan van Niejenhuis, for the respondent

Heard: September 8, 2015

On appeal from the judgment of Justice F.L. Myers of the Superior Court of Justice, dated September 11, 2014.

COSTS ENDORSEMENT

[1] We would not interfere with the motion judge’s order that the costs of the motion be fixed in the amount of $15,000 and payable by the appellant to the respondent LSUC. The respondent LSUC enjoyed substantial success on its motion. Although we granted the appellant leave to amend, we upheld the motion judge’s order to strike the appellant’s statement of claim.

[2] The appellant was successful on the appeal. He is entitled to his partial indemnity costs in the amount of $5,000, inclusive of applicable taxes and disbursements. This is the amount that the parties agreed should be paid to the successful party on the appeal.

[3] The cost order in favour of the respondent LSUC on the motion shall be reduced by $5,000 to reflect satisfaction of the costs awarded to the appellant on the appeal. As a result, the appellant shall pay to the respondent LSUC within 60 days the net amount of $10,000.

“K.M. Weiler J.A.”
“K.M. van Rensburg J.A.”
“L.B. Roberts J.A.”