1725445 Ontario Inc. v. CIBC Investor Services Inc.
Leave to appeal the costs award was refused because the court found no basis to review the Superior Court's $75,000 costs award; given the complexity of the case and the very large sums involved, the award was not unreasonable.
Source-derived case information.
- Citation
- 2012 ONCA 440
- Parties
- Appellant: 1725445 Ontario Inc.; Respondent: CIBC Investor Services Inc.; Respondent: Larry Levine Professional Corporation
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 25 June 2012
- Procedural Posture
- Collection / Court of Appeal — Appeal From Superior Court Order on Costs; Application for Leave to Appeal Costs Refused
- Outcome
- Appeal dismissed; leave to appeal costs denied
- Legal Topics
- Costs Awards, Leave to Appeal, Reasonableness of Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
1725445 Ontario Inc.
Appellant
CIBC Investor Services Inc.
Respondent
Larry Levine Professional Corporation
Respondent
Procedural Posture
Collection / Court of Appeal — Appeal From Superior Court Order on Costs; Application for Leave to Appeal Costs Refused
Legal Issues
- 1 Whether leave to appeal the costs award should be granted
- 2 Whether the $75,000 costs award was unreasonable or made without regard to the parties' reasonable expectations
Ratio Decidendi
Leave to appeal the costs award was refused because the court found no basis to review the Superior Court's $75,000 costs award; given the complexity of the case and the very large sums involved, the award was not unreasonable.
Court Disposition
Appeal dismissed; leave to appeal costs denied
Orders
- Appeal dismissed with costs to the respondents fixed at $9,000, all inclusive
- Leave to appeal costs refused; Superior Court costs award of $75,000 not disturbed on the basis presented
Full Case Text
Judgment text and source record
1 paragraphs
1725445 Ontario Inc. v. CIBC Investor Services Inc. Collection Decisions of the Court of Appeal Date 2012-06-25 Neutral citation 2012 ONCA 440 Docket numbers C54188 Judges Gillese, Eileen E.; Rouleau, Paul S.; Epstein, Gloria Jean Subject Civil Decision Content COURT OF APPEAL FOR ONTARIO CITATION: 1725445 Ontario Inc. v. CIBC Investor Services Inc., 2012 ONCA 440 DATE: 20120621 DOCKET: C54188 Gillese, Rouleau and Epstein JJ.A. BETWEEN 1725445 Ontario Inc. Applicant (Appellant) and CIBC Investor Services Inc. and Larry Levine Professional Corporation Respondents (Respondents) Hagit Genossar, for the appellant Laura Paglia and Larry J. Levine, Q.C., for the respondents Heard: June 18, 2012 On appeal from the order of Justice Frank J.C. Newbould of the Superior Court of Justice, dated June 22, 2011. APPEAL BOOK ENDORSEMENT [1] After the partial abandonment, the only issue that remains is that of costs awarded below. The appellant acknowledges that the test for granting leave is a stringent one. She maintains it has been met in this case as the award of $75,000 is not reasonable nor made with reference to the reasonable expectations of the parties. [2] We disagree. We would not grant leave to appeal costs as we see nothing in the costs award that warrants review by this court. Given the complexity of the matter and the extremely large sums in question, a costs award of this size should come as no surprise. [3] The appeal is dismissed with costs to the respondent fixed at $9000, all inclusive.