Court of Appeal for Ontario

Date: 20220830 Docket: C69896

Benotto, Zarnett and Thorburn JJ.A.

Parties and Counsel

BETWEEN

Martin Berendson Leigh Applicant (Appellant)

and

Monica Cecilia Izquierdo Rubio Respondent (Respondent)

Counsel: Martin Berendson Leigh, acting in person Alice Van Deven, for the respondent

Heard: July 12, 2022

On appeal from the order of Justice Denise M. Korpan of the Superior Court of Justice, dated June 21, 2021, with reasons reported at 2021 ONSC 3466.

Costs Endorsement

[1] The respondent is seeking costs of this appeal which was dismissed.

[2] There is a presumption in r. 24(1) that the successful party is entitled to costs. However, because of the delay, the court was limited in its review function such that we concluded that neither party was successful. The record disclosed behaviour on both sides that contributed to the delay.

[3] We do not award costs.

“M.L. Benotto J.A.”

“B. Zarnett J.A.”

“J.A. Thorburn J.A.”