Court File and Parties

CITATION: Park v. Park, 2011 ONSC 5954

DIVISIONAL COURT FILE NO.: DC 11-270

DATE: 20111018

ONTARIO

SUPERIOR COURT OF JUSTICE

DIVISIONAL COURT

MATLOW, HEENEY AND POMERANCE JJ.

B E T W E E N :

JAE SUN PARK and KEUN JON PARK

Plaintiffs/Respondents

– and –

HAE KYUNG PARK and YOUNG BIN PARK

Defendants/Appellants

COUNSEL:

Joan M. Mouland, for the Plaintiffs/Respondents

Howard L. Shankman, for the Defendants/Appellants

HEARD: May 31, 2011 at Hamilton

Reasons for Decision

MATLOW, J.:

The disposition of costs

[1] The judgment in this appeal is to provide that the defendants recover costs, fixed at $1000, all-inclusive, for the motion for leave to appeal and $4,500, all-inclusive, for the appeal, all payable within 30 days.

[2] We see no reason to depart from the general rule that such costs should be in the cause of the appeal. The defendants were totally successful in the outcome of the appeal and the outcome was more favourable to them than the offer made to them by the plaintiffs. For the reasons given for our initial judgment, it was unreasonable for the plaintiffs to put the burden of proceeding with this appeal in circumstances where it should have been evident to the plaintiff that there was no reasonable prospect of success in opposing.

[3] Our disposition of costs is, in our view, fair and reasonable and within the limits of the reasonable expectation of all parties. We have taken into account all matters pertinent to the issue of costs including the time and effort expended and the responsibility undertaken by counsel for the plaintiffs as well as the reasonable allowable disbursements.

MATLOW, J. (on behalf of the entire panel)

RELEASED: October 18, 2011

CITATION: Park v. Park, 2011 ONSC 5954

DIVISIONAL COURT FILE NO.: DC 11-270

DATE: 20111018

ONTARIO

SUPERIOR COURT OF JUSTICE

DIVISIONAL COURT

MATLOW, HEENEY AND POMERANCE JJ.

B E T W E E N :

JAE SUN PARK and KEUN JON PARK

Plaintiffs/Respondents

– and –

HAE KYUNG PARK and YOUNG BIN PARK

Defendants/Appellants

REASONS FOR JUDGMENT

MATLOW J.

RELEASED: October 18, 2011