Court File and Parties

Court of Appeal for Ontario Date: 2021-06-22 Docket: C68200

Before: Strathy C.J.O., Feldman and Sossin JJ.A.

Between: Bonnie Ho Yee Cheng, Applicant (Respondent)

And: David Chan Sau Sze, Respondent (Appellant)

Counsel: Roger A. Gosbee, for the appellant Ken H. Nathens and Denniel Duong, for the respondent

Heard: May 17, 2021 by video conference

On appeal from the order of Justice Robert Charney of the Superior Court of Justice, dated February 11, 2020.

Costs Endorsement

[1] Having received and considered the submissions of the parties concerning the costs of the appeal, we order costs to the respondent in the amount of $17,500, inclusive of disbursements and all applicable taxes, such costs to be paid from the appellant’s share of the net proceeds of sale of the matrimonial home, currently being held by Chak M. Wong, Barrister and Solicitor.

[2] We take this opportunity to observe that, as a general rule, counsel on an appeal should confer with their clients and opposing counsel before the hearing to attempt to agree, if possible, on the amount of costs payable to the successful party. Making post-hearing costs submissions necessarily gives rise to both delay and additional costs to both parties – delay and costs that can be avoided by agreement on a realistic number. Where the parties cannot agree, they should exchange costs outlines prior to the hearing and should be prepared to present them and to make submissions to the panel, if and when asked to do so.

"G.R. Strathy C.J.O."

"K. Feldman J.A."

"L. Sossin J.A."