Court File and Parties

COURT OF APPEAL FOR ONTARIO DATE: 20210826 DOCKET: C68225

Juriansz, van Rensburg and Sossin JJ.A.

BETWEEN

R.F. Applicant (Appellant)

and

J.W. Respondent (Respondent)

Counsel: Ken Nathens and Denniel Duong, for the appellant Kirsten Hughes and Darryl Willer, for the respondent

Heard: in writing

On appeal from the order of Justice Mary Jo McLaren of the Superior Court of Justice, dated February 26, 2020, with reasons reported at 2020 ONSC 1213.

Costs Endorsement

[1] The court has received and reviewed the costs submissions of the parties in respect of the appeal, which was dismissed on July 22, 2021.

[2] The respondent’s reliance on the circumstances of the intervention motion before Fairburn A.C.J.O., in respect of which no costs were awarded, is misplaced. Nor are there any other circumstances in relation to the appeal that would warrant an award of substantial indemnity costs.

[3] Costs of the appeal, including the motion for fresh evidence, are fixed in favour of the respondent in the sum of $22,500, inclusive of disbursements and HST.

“R.G. Juriansz J.A.”

“K. van Rensburg J.A.”

“L. Sossin J.A.”