Court of Appeal for Ontario

Date: 2025-07-10
Docket: COA-24-CV-1265
Before: Janet Copeland, Paul J. Monahan, Mariam Rahman

Between

Christine Yui and Michelle Yui
Applicants (Respondents)

and

Sa Yan and Royal LePage Signature Realty
Respondents (Appellants)

Appearances:
Jizi Chen, for the appellant
David Myers, for the respondents

Heard: 2025-05-30

On appeal from the order of Justice Annette Casullo of the Superior Court of Justice, dated November 29, 2024, with reasons at 2024 ONSC 6674.

Costs Endorsement

[1] On June 3, 2025, the appellant’s appeal was dismissed and the court advised the parties to submit their positions on costs: see Yui v. Yan, 2025 ONCA 410. We have received the parties’ written submissions respecting costs.

[2] The respondents seek costs of the appeal in the amount of $19,300.40, all‑inclusive. This amount represents full recovery for costs of the appeal. Their basis for seeking an elevated costs award includes, in part, that the appeal was “unnecessary” and that the appellant made arguments unrelated to the application judge’s reasoning.

[3] The appellant submits that a reasonable and proportionate costs award is $5,000 because this was not a complex appeal and this amount would be within the appellant’s reasonable expectations. We note that the appellant’s bill of costs for the appeal totals $15,171.20.

[4] There is no basis for the elevated costs award sought by the respondents. The respondents are entitled to their costs on a partial indemnity basis. The $5,000 costs award the appellant suggests is too low considering the appellant’s own bill of costs. We award the respondents costs of the appeal in the amount of $11,500, all-inclusive.

Janet Copeland
Paul J. Monahan
Mariam Rahman