Court File and Parties

Citation: Makondi v. Fuhgeh, 2019 ONSC 6176 Divisional Court File No.: 599/18 and 130/19 Date: 2019-10-24 Superior Court of Justice – Ontario Divisional Court

Re: Bruno Makoundi, Moving party And: William Fuhgeh, Respondent

Before: Thorburn, Favreau and Nishikawa JJ.

Counsel: Bruno Makoundi, self-represented William Fuhgeh, self-represented

Heard at Toronto: In writing

Endorsement on Supplementary Costs Issues

[1] Following the release of this Panel's endorsement dismissing Mr. Makoundi's motion for leave to appeal the decision of Justice Doyle denying a stay of Justice Pelletier's decision, Mr. Fuhgeh wrote to the Divisional Court and requested that the Panel award him costs of the motion before Justice Doyle and costs of Mr. Makoundi's abandoned motion for leave to appeal Justice Pelletier's decision.

[2] With respect to the costs of the motion before Justice Doyle, Mr. Fuhgeh seeks costs in the amount $7,458.00. At the conclusion of her decision, Justice Doyle directed that the costs of the motion for a stay were to be decided by the Panel of the Divisional Court dealing with the motion for leave to appeal Justice Pelletier's decision. Given that this Panel dealt with a motion for leave to appeal Justice Doyle's decision, and not Justice Pelletier's decision, we do not believe that we have the authority to make this costs decision and, in any event, Justice Doyle is in a better position to determine the appropriate quantum of costs, if any, to be awarded to Mr. Fuhgeh. Accordingly, any requests for costs of the stay motion should be made to Justice Doyle.

[3] With respect to the costs of the abandoned motion for leave to appeal Justice Pelletier's decision, Mr. Fuhgeh seeks costs of $2,480. Given that the motion was abandoned before any materials were filed, in accordance with Rule 61.14(4) of the Rules of Civil Procedure, we order that there are to be no costs of the motion. Mr. Fuhgeh's bill of costs provides no explanation for departing from the presumption that there be no costs of an abandoned appeal where no materials were filed.

THORBURN J.

FAVREAU J.

NISHIKAWA J.

Date: October 24, 2019