Court File and Parties

COURT OF APPEAL FOR ONTARIO DATE: 20240319 DOCKET: COA-23-CV-0758

van Rensburg, Roberts and Favreau JJ.A.

BETWEEN

Nikkie Los Applicant (Respondent)

and

Guillaume-Alexandre Ross Respondent (Appellant)

Counsel: Susan Galarneau and Bruno Sharpe, for the appellant Ira Marcovitch, for the respondent

Heard: November 24, 2023

On appeal from the order of Justice Karen Jensen of the Superior Court of Justice, dated May 25, 2023, with reasons reported at 2023 ONSC 3127.

Costs Endorsement

[1] On February 21, 2024, we released a decision dismissing this appeal. At the conclusion of our reasons, we invited the parties to make submissions on costs.

[2] Contrary to the submissions of counsel for the respondent, this is not an appropriate case for costs on a full or substantial indemnity basis. While we dismissed the appeal, the appeal was not devoid of any merit or frivolous. However, we also do not accept the appellant’s submissions that the respondent’s partial indemnity costs should be reduced. There was no partial success in this case; rather the appeal was dismissed in its entirety. And we do not accept that there was any misconduct on the part of the respondent or her counsel.

[3] Accordingly, we are satisfied that the respondent should be entitled to costs on a partial indemnity basis in the amount of $7,500, inclusive of disbursements and H.S.T.

“K. van Rensburg J.A.”

“L.B. Roberts J.A.”

“L. Favreau J.A.”