Court File and Parties

COURT OF APPEAL FOR ONTARIO DATE: 20210826 DOCKET: C68238

Tulloch, Nordheimer and Jamal * JJ.A.

BETWEEN

Catherine Elizabeth Politis Applicant (Appellant and Respondent by way of cross-appeal)

and

Themistocles Politis Respondent (Respondent and Appellant by way of cross-appeal)

Counsel: Herschel I. Fogelman and Lauren Daneman, for the appellant and respondent by way of cross-appeal James D. Singer, for the respondent and appellant by way of cross-appeal

Heard: in writing

On appeal from the order of Justice E. Llana Nakonechny of the Superior Court of Justice, dated February 27, 2020, with reasons reported at 2020 ONSC 1306.

On cross-appeal from the costs endorsement of Justice E. Llana Nakonechny of the Superior Court of Justice, dated April 9, 2020.

Costs Endorsement

[1] On July 28, 2021, we released our decision in which we dismissed the appeal and the cross-appeal of the costs order. We invited the parties to make written submissions on the costs of the appeal. We have now reviewed those submissions.

[2] The respondent asks for his costs of the appeal in the amount of $38,580. The appellant submits that the costs should be fixed in the amount of $7,500.

[3] In our view, taking into account the issues raised in the appeal and the limited resources of the parties, an award of costs in favour of the respondent in the amount of $15,000, inclusive of disbursements and HST, is a fair and reasonable amount for the appellant to bear.

[4] The appellant is ordered to pay that amount to the respondent.

“M. Tulloch J.A.”

“I.V.B. Nordheimer J.A.”

• Jamal J.A. did not take part in this decision.