Court of Appeal for Ontario

Date: 2019-06-24

Docket: M50270 (C66620)

Judges: Juriansz, van Rensburg and Paciocco JJ.A.

Between

Amy Samina Asghar Applicant (Respondent) (Moving Party)

and

Zamaludeen Ruffudeen Respondent (Appellant) (Responding Party)

Counsel

Amy Asghar, self-represented

Michelle Kropp, for the responding party

Heard and released orally: June 17, 2019

Reasons for Decision

[1] The appellant abandoned the appeal. The only issue remaining is the respondent's claim for costs of the appeal.

[2] We consider the appellant's expenditures on legal advice to have been reasonably incurred. We are not persuaded there is any basis to order costs on a substantial indemnity basis.

[3] The judge below awarded the respondent costs in the amount of 70 percent of the legal fees incurred on a partial indemnity basis, and 100 percent of her disbursements. Following the same approach, we fix the respondent's costs in the amount of $1,500.00 all-inclusive.

[4] There will be no order as to costs of the attendance today.

R.G. Juriansz J.A.

K. van Rensburg J.A.

David M. Paciocco J.A.