Court of Appeal for Ontario

Date: 2019-03-28 Docket: C66460

Judges: Simmons, Tulloch and Brown JJ.A.

Between

Natale Antonio Rea Respondent (Appellant)

and

Tracy Bernadette Rea Applicant (Respondent)

Counsel

For the appellant: Julie Hannaford, Marie Henein and Heather Hansen

For the respondent: Laurie Pawlitza and Christine Ashbourne

Heard: In writing

On appeal from: The order of Justice David Jarvis of the Superior Court of Justice, dated January 22, 2019.

Costs Endorsement

[1] Mr. Rea appealed from a contempt order under which he was ordered jailed.

[2] On virtually the eve of the expedited appeal hearing, he accepted an offer to settle under which he is to pay Ms. Rea's costs of the appeal on a full indemnity scale.

[3] We have reviewed the costs claimed and conclude they are wholly disproportionate and far beyond the range of anything that could be considered reasonable, even on a full indemnity basis.

[4] Costs of the appeal are to Ms. Rea on a full indemnity basis as agreed, fixed in the amount of $30,000, inclusive of disbursements and applicable taxes.

[5] While the appeal was pending, Mr. Rea sought an extension of time to appeal the order underlying the contempt finding and several other orders. Apart from an order staying portions of the contempt order, Mr. Rea was wholly unsuccessful.

[6] Costs of Mr. Rea's motions are to Ms. Rea on a partial indemnity scale fixed in the amount of $7,500, inclusive of disbursements and taxes.

[7] We make no order as to costs in relation to Ms. Rea's motion to deny audience to Mr. Rea.

Janet Simmons J.A.

M. Tulloch J.A.

David Brown J.A.