Court of Appeal for Ontario

Date: 2022-12-23 Docket: C70042

Judges: Benotto, Zarnett and Copeland JJ.A.

Between:

Mensula Bancorp Inc. Applicant (Respondent)

And

Halton Condominium Corporation No. 137 Respondent (Appellant)

Counsel: Megan Mackey and Patrick Nelson, for the appellant Jason Squire and Lucy Sun, for the respondent

Heard: May 11, 2022

On appeal from the order of Justice Marie-Andrée Vermette of the Superior Court of Justice, dated April 7, 2021, with reasons reported at 2021 ONSC 2575.

Costs Endorsement

[1] In our decision dated November 10, 2022 (reported at 2022 ONCA 769), we allowed the appeal from the order of the application judge, restored the award of the arbitrator, and awarded costs of the appeal to the appellant, Halton Condominium Corporation No. 137.

[2] Pursuant to a post-hearing request of the appellant, we granted the parties permission to make written submissions on the disposition of the costs of the proceedings that took place before the application judge. We have now received and reviewed those submissions.

[3] The application judge awarded costs in the sum of $17,000 to the respondent, who was the successful party before her. In light of the fact that we reversed the application judge’s decision, we set aside her costs order. Any amounts paid under that order are to be returned.

[4] The respondent asked us not to make an order for costs in favour of the appellant for the application, as it intends to ask the application judge to deal with further matters that it asserts she did not address in the decision that was the subject of the appeal. We do not accept that as a reason not to award costs for the proceedings that did take place. Costs of the proceedings before the application judge are awarded to the appellant in the sum of $8,083.33, inclusive of disbursements and applicable taxes. If there are further proceedings before the application judge, the costs of those proceedings are in her discretion.

“M.L. Benotto J.A.”

“B. Zarnett J.A.”

“J. Copeland J.A.”