Court of Appeal for Ontario

Citation: Liu v. Huang, 2020 ONCA 495

Date: 2020-08-04

Docket: C66143

Before: Rouleau, van Rensburg and Roberts JJ.A.

Between

Chong Liu

Applicant

(Respondent)

and

Fang Huang

Respondent

(Appellant)

Counsel:

Gary S. Joseph and Stephen Kirby, for the appellant

Toni E. Wharton, for the respondent

Heard: in writing

COSTS ENDORSEMENT

[1] In our July 10, 2020 reasons for judgment, at para. 43, we held that the respondent was entitled to his partial indemnity costs of the appeal. The parties were unable to agree on the amount of the appeal costs and have electronically submitted brief written argument, including costs outlines.

[2] The respondent seeks his partial indemnity costs in the amount of $53,407.33. These costs include almost $6,000 in disbursements that were mostly for the cost of reproducing the voluminous record for appeal. The appellant submits that the award of costs should not exceed her partial indemnity appeal costs in the amount of $18,789.66.

[3] We start with well-established principle. The overarching consideration is that the costs awarded must be fair, reasonable and proportionate for the unsuccessful party to pay, having regard to the circumstances of the appeal, rather than an amount fixed by the actual costs incurred by the successful party: Boucher v. Public Accountants Council for the Province of Ontario (2004), 2004 14579 (ON CA), 71 O.R. (3d) 391, [2004] O.J. No. 2634 (C.A.), at paras. 24 to 26.

[4] The unusual circumstances of this case have led to the large amount of costs requested by the respondent. There is no question that the amount of time recorded was spent and that the hourly rates claimed by respondent’s counsel are reasonable. Nor are the disbursements challenged. While we question the necessity for the number of counsel and staff reflected in the dockets of the respondent’s solicitors of record, we also acknowledge that the preparation of this appeal required them to review the voluminous trial record and undertake substantial legal research to respond to the myriad issues raised by the appellant. This appeal represented the culmination of lengthy, hard-fought family law proceedings that gave rise to very important issues for the parties, not the least of which was the custody of their young daughter. The respondent was entirely successful on appeal.

[5] Accordingly, the amount of fair, reasonable and proportionate appeal costs in these circumstances that the appellant is required to pay to the respondent is $35,000, inclusive of disbursements and applicable taxes.

“Paul Rouleau J.A.”

“K. van Rensburg J.A.”

“L.B. Roberts J.A.”