Bolotnov v. Bolotnov, 2020 ONSC 7677

CITATION: Bolotnov v. Bolotnov, 2020 ONSC 7677

DIVISIONAL COURT FILE NO.: 316/20

DATE: 2020-12-11

SUPERIOR COURT OF JUSTICE – ONTARIO

DIVISIONAL COURT

RE: Nicolae Bolotnov, Applicant/Responding Party

AND:

Anna Bolotnov, Respondent/Moving Party

AND:

Denis Ron Moldavski, Respondent/Responding Party

BEFORE: R.J. Smith, Lederer and Favreau JJ.

COUNSEL: Matthew Armstrong, for the Moving Party, Anna Bolotnov Alla Koren, for the Respondent, Nicolae Bolotnov Ron Shulman and Laura Paris, for the Respondent, Denis Ron Moldavski

HEARD at Toronto: in writing

ENDORSEMENT

[1] In our endorsement dated December 7, 2020, dismissing Ms. Bolotnov’s motion for leave to appeal, we did not award any costs to the respondents because they had not filed any costs outlines.

[2] After the release of our decision, the respondents contacted the court, taking the position that they should be entitled to seek costs. Mr. Bolotnov’s lawyer stated that he uploaded his client’s bill of costs to Caselines on December 3, 2020. Mr. Moldavski’s lawyer took the position that he should be entitled to make costs submissions following the release of our decision dismissing the motion. Ms. Bolotnov’s lawyer took the position that the time for seeking costs set out in Corbett J.’s endorsement has passed.

[3] In his direction setting the schedule for the motion for leave to appeal, Corbett J. scheduled the matter to be placed before a Divisional Court panel the week of November 30, 2020 and directed that “All materials other than reply materials (including costs materials) shall be uploaded to Caselines by November 20, 2020” [emphasis added]. Even if the parties misunderstood Corbett J.’s direction, which was very clear, the Divisional Court’s June 29, 2020 Notice to the Profession states that costs submissions are to be filed at least one day before a hearing, which in this case would have been one business day before the beginning of the week of November 30, 2020.

[4] In the circumstances, given that Corbett J.’s directions were clear and consistent with the Divisional Court’s practice of receiving costs submissions in advance of hearings, we are not prepared to amend the order that there be no costs given the late filing of submissions in Mr. Bolotnov’s case and the failure to file submissions in Mr. Moldavski’s case.

R.J. Smith J.

Lederer J.

Favreau J.

Date: December 11, 2020