Court of Appeal for Ontario

Date: 20211026 Docket: C68926

Lauwers, Hourigan and Brown JJ.A.

Between

N. Applicant (Respondent)

and

F. Respondent (Appellant)

Counsel: Fareen L. Jamal, Fadwa Yehia and Edward C. Conway, for the appellant Bryan R.G. Smith, Lindsey Love-Forester and Andrew Lokan, for the respondent Estée Garfin and Hera Evans, for the intervener Attorney General of Ontario Caterina E. Tempesta and Sheena Scott, for the intervener Office of the Children’s Lawyer

Heard: January 21, 2021 by video conference

On appeal from the order of Justice Clayton Conlan of the Superior Court of Justice, dated December 15, 2020, with reasons reported at 2020 ONSC 7789.

Costs Endorsement

[1] The respondent was entirely successful on the appeal. He seeks his costs on a full indemnity basis in the amount of $99,500, all-inclusive. This figure reflects a reduction of almost half from the actual time incurred by the respondent’s counsel and is reflective of the actual amount billed to and paid by the respondent for the appeal.

[2] The appellant submits that each party should bear their own costs of the appeal. In any event, she argues that the costs incurred by the respondent are excessive and beyond the reasonable expectations of the parties. She notes that her costs of the appeal on a partial indemnity basis were approximately $48,500. Further, she submits that she has limited means to pay such a cost award.

[3] We are not satisfied that there are special circumstances in this case that warrant either an award of costs on a higher scale or an order that each party should bear their own costs. In our view, the costs should follow the result. Having regard to the parties’ submissions and their reasonable expectations, we order that the appellant pay to the respondent his costs of the appeal in the all-inclusive sum of $50,000.

“P. Lauwers J.A.”

“C.W. Hourigan J.A.”

“David Brown J.A.”