Court of Appeal for Ontario

Date: 2019-10-02 Docket: C66611

Judges: Lauwers, Fairburn and Zarnett JJ.A.

Between

Richard Ochnik (Trustee) for the Ochnik Family Trust Plaintiff (Appellant)

and

Claudia Belusa a.k.a. Claudia Irma Ochnik Defendant (Respondent)

Counsel

Matthew Tubie, for the appellant

Lindsay Woods, for the respondent

Hearing

Heard: September 26, 2019

On appeal from: the order of Justice Janet Wilson of the Superior Court of Justice dated February 15, 2019 with reasons reported at 2019 ONSC 1155.

Reasons for Decision

[1] As the parties agree the appeal must be allowed.

[2] In the circumstances we award no costs. Mr. Ochnik is not entitled to costs because he did not prove forgone income, and because shortly after counsel was retained the appeal was conceded without any additional work.

P. Lauwers J.A.

Fairburn J.A.

B. Zarnett J.A.