Court and Parties

COURT OF APPEAL FOR ONTARIO DATE: 20210826 DOCKET: C67846

Feldman, van Rensburg and Sossin JJ.A.

BETWEEN

Ciprian Teodor Bors Applicant (Respondent)

and

Ana Cristina Bors (Beleuta) Respondent (Appellant)

Counsel: Tiffani A. Frederick and Gloria E. Ichim, for the appellant Brian Ludmer, for the respondent James R.G. Cook and Jessica Schissler, for the appellant’s trial counsel

Heard: by written submissions

On appeal from the order of Justice Francine Van Melle of the Superior Court of Justice, dated December 4, 2019, with reasons reported at 2019 ONSC 7029.

Costs Endorsement

[1] In dismissing this appeal on July 16, 2021 we awarded partial indemnity costs in favour of the respondent father and the appellant’s trial counsel, payable by the appellant mother in amounts to be agreed or determined by this court.

[2] The parties were unable to agree on costs. We have reviewed their written submissions and bills of costs.

[3] We do not accept the submission of the appellant mother that there were any circumstances in this appeal that would justify awarding no costs or costs in a nominal amount. Nor is her offer to settle the appeal on terms entirely different from the disposition of the appeal relevant to the question of costs.

[4] The respondents are entitled to their reasonable costs of responding to the appeal. We fix the respondent father’s costs at $22,500 and the appellant’s trial counsel’s costs at $10,000, both amounts inclusive of disbursements and taxes. There are no costs payable in respect of the respondent father’s fresh evidence motion.

“K. Feldman J.A.”

“K. van Rensburg J.A.”

“L. Sossin J.A.”