Court of Appeal for Ontario
Date: 2019-09-06 Docket: C64355
Judges: Sharpe, Trotter and Harvison Young JJ.A.
Parties
Between
Dipikaben Makwana Applicant (Appellant)
and
Sewsankar Bishnu Respondent (Respondent in Appeal)
and
Surujpaul Bishnu Respondent (Respondent in Appeal)
and
Howard Melvin Wasserman Intervener and Trustee in Bankruptcy for Sewsankar Bishnu
Counsel
- G.S. Joseph and M. Newman, for the appellant
- Abba Chima, for the respondent, Sewsankar Bishnu
- Jameel Madhany, for the respondent, Surujpaul Bishnu
- Howard Melvin Wasserman, in person
Hearing and Appeal
Heard: May 29, 2019
On appeal from: The order of Justice Bielby of the Superior Court of Justice, dated August 23, 2017.
Costs Endorsement
[1] We have now received the parties' submissions as to costs and make the following disposition.
[2] At the conclusion of the oral hearing of this appeal, the parties agreed that the total amount of costs for the appeal and cross-appeal should be $30,000.
[3] The appeal raised three issues, namely, whether the motion judge erred by:
- varying the order for spousal support;
- varying the order for child support; and
- dismissing the fraudulent conveyance application and refusing to award Surujpaul Bishnu's costs of the fraudulent conveyance proceeding.
[4] In our view it is appropriate to allocate $10,000 in costs to each of these three issues.
[5] The appeal from the order as to spousal support was dismissed and, accordingly, the respondent is entitled to $10,000 in costs for that aspect of the appeal.
[6] The appeal from the order as to child support was allowed in part and accordingly the appellant is entitled to $10,000 in costs for that aspect of the appeal.
[7] The fraudulent conveyance appeal was dismissed, and we award $7,500 to Surujpaul Bishnu, payable by the appellant, for that aspect of the appeal.
[8] The cross-appeal was dismissed, and we award $2,500 to the appellant for that aspect of the appeal.
[9] In our view, it would not be appropriate to make any order as to costs against the trustee in bankruptcy given the nature of the trustee's interest in this appeal.
[10] In the result, the costs as between the appellant and respondent as to spousal and child support are offset and no costs are payable as between those parties.
[11] As the cost of the cross-appeal are to be offset against the costs of the fraudulent conveyance appeal, the appellant is ordered to pay $5,000 costs to Surujpaul Bishnu.
Robert J. Sharpe J.A. G.T. Trotter J.A. A. Harvison Young J.A.