O'Leary v. Telecommunication Equipment Corporation
The Court agreed with the motions judge's reasons and found no basis to interfere with her exercise of discretion; the appeal was dismissed and leave to appeal costs was refused, with the appellant ordered to pay costs fixed at $7,500 inclusive of G.S.T. and disbursements.
Source-derived case information.
- Citation
- C40028
- Parties
- Plaintiff (respondent): William Paul O'Leary; Defendant (appellant): Telecommunication Equipment Corporation
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 24 November 2003
- Procedural Posture
- Civil / Appeal From Superior Court of Justice Order (motion) to Court of Appeal
- Outcome
- Appeal dismissed; leave to appeal costs refused; costs awarded to respondent
- Legal Topics
- Discretionary Rulings of Motions Judge, Leave to Appeal Costs, Costs Assessment and Award
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
William Paul O'Leary
Plaintiff (respondent)
Telecommunication Equipment Corporation
Defendant (appellant)
Procedural Posture
Civil / Appeal From Superior Court of Justice Order (motion) to Court of Appeal
Legal Issues
- 1 Whether the motions judge erred in the exercise of her discretion
- 2 Whether leave to appeal the costs order should be granted
- 3 Whether the costs order of $7,500 inclusive of G.S.T. and disbursements is appropriate
Ratio Decidendi
The Court agreed with the motions judge's reasons and found no basis to interfere with her exercise of discretion; the appeal was dismissed and leave to appeal costs was refused, with the appellant ordered to pay costs fixed at $7,500 inclusive of G.S.T. and disbursements.
Court Disposition
Appeal dismissed; leave to appeal costs refused; costs awarded to respondent
Orders
- Appeal dismissed
- Leave to appeal costs refused
Full Case Text
Judgment text and source record
1 paragraphs
O'Leary v. Telecommunication Equipment Corporation Collection Decisions of the Court of Appeal Date 2003-11-24 Docket numbers C40028 Judges Rosenberg, Marc; MacPherson, James C.; Sharpe, Robert J. Subject Civil Decision Content DATE: 20031124 DOCKET: C40028 COURT OF APPEAL FOR ONTARIO RE: WILLIAM PAUL O'LEARY (Plaintiff (Respondent)) - and - TELECOMMUNICATION EQUIPMENT CORPORATION (Defendant (Appellant)) BEFORE: ROSENBERG, MacPHERSON and SHARPE JJ.A. COUNSEL: Joshua J. Siegel for the appellant Robert J. Brush and Mathew C. Scott for the respondent HEARD & ENDORSED: November 20, 2003 On appeal from the order of Justice Janet M. Wilson of the Superior Court of Justice dated April 23, 2003. APPEAL BOOK ENDORSEMENT [1] We agree with the reasons of Wilson J. and the result reached. We do not see this as a case where it was open to the motions judge to exercise her discretion in favour of the appellant. [2] Accordingly, the appeal is dismissed. Leave to appeal costs is refused. The appellant will pay costs to the respondent fixed at $7,500 inclusive of G.S.T. and disbursements.