Court of Appeal for Ontario

CITATION: Van Delst v. Hronowsky, 2020 ONCA 402

DATE: 2020-06-19

DOCKET: C66973

BEFORE: Rouleau, Hourigan and Roberts JJ.A.

BETWEEN

Lynda Mary Van Delst (Hronowsky)

Respondent

and

Thomas John Hronowsky

Appellant

COUNSEL:

Thomas John Hronowsky, acting in person

Katherine Shadbolt and David Migicovsky, for the respondent

HEARD: in writing

On appeal from the order of Justice Tracy Engelking of the Superior Court of Justice, dated April 24, 2019, with reasons reported at 2019 ONSC 2569, 23 R.F.L. (8th) 306.

COSTS ENDORSEMENT

[1] On May 29, 2020, we released our reasons, granting the appeal in part. The parties have been unable to agree on the costs of the appeal and trial, and have filed written submissions.

[2] There was divided success on the appeal, but the respondent was the more successful party, succeeding on all but one issue. Therefore, we order the appellant to pay to the respondent costs of the appeal on a partial indemnity basis that reflects the mixed result. We fix those costs in the all-inclusive amount of $15,000.

[3] In our reasons, we referred the final calculation of the equalization payment to the trial judge to reflect our conclusions regarding the value of the respondent’s pension. We also refer the fixing of the trial costs to the trial judge after she has recalculated the equalization payment.

“Paul Rouleau J.A.”

“C.W. Hourigan J.A.”

“L.B. Roberts J.A.”