Court File and Parties

Court of Appeal for Ontario Date: 2021-12-13 Docket: C67828

Before: Brown, Roberts and Zarnett JJ.A.

Between: Abudu Ibn Adam, May Hyacenth Abudu, Ibrahim A.C. Abudu (a minor by his litigation guardian, Abudu Ibn Adam), and The Estate of Aminatawalla Napoga Chidinma Abudu (by the litigation administrator, Abudu Ibn Adam) Plaintiffs (Appellants)

And: Christine J. Ledesma-Cadhit, GlaxoSmithKline Inc., Her Majesty the Queen in Right of Canada, Her Majesty the Queen in Right of Ontario Defendants (Respondent)

Counsel: Jasmine M. Ghosn, for the appellants Randy C. Sutton, Kate Findlay and Justine Smith, for the respondent GlaxoSmithKline Inc.

Heard: June 28, 2021 by video conference

On appeal from the judgment of Justice Markus Koehnen of the Superior Court of Justice, dated December 10, 2019, with reasons reported at 2019 ONSC 7066.

Costs Endorsement

[1] We have reviewed the cost submissions filed by the parties. We do not accept the appellants’ submission that their appeal raised novel issues, which were in the public interest, with the result that there should be no award of costs of the appeal. The proceeding involved the application of well-established legal principles to the particular facts of the case.

[2] The respondent successfully resisted the appeal and is entitled to costs. Although the respondent incurred partial indemnity costs in the amount of $54,584.14, in the circumstances it seeks an award of $30,000.

[3] In our view, a fair and reasonable award of partial indemnity costs should be limited to the costs associated with time spent by the two senior lawyers on the appeal. Accordingly, the respondent is entitled to its partial indemnity costs from the appellants fixed in the amount of $25,000, inclusive of disbursements and applicable taxes.

“David Brown J.A.”

“L.B. Roberts J.A.”

“B. Zarnett J.A.”