Adam v. Ledesma-Cadhit
The appeal did not raise novel or public interest issues; the respondent, having successfully resisted the appeal, is entitled to costs on a partial indemnity basis; the appropriate award was fixed at $25,000 inclusive of disbursements and applicable taxes, limited to costs associated with time spent by the two...
Source-derived case information.
- Citation
- 2021 ONCA 891
- Parties
- Appellant: Abudu Ibn Adam; Appellant: May Hyacenth Abudu; Appellant: Ibrahim A.C. Abudu (minor by his litigation guardian Abudu Ibn Adam); Appellant: The Estate of Aminatawalla Napoga Chidinma Abudu (by litigation administrator Abudu Ibn Adam); Respondent: Christine J. Ledesma-Cadhit; Respondent: GlaxoSmithKline Inc.; Respondent: Her Majesty the Queen in Right of Canada; Respondent: Her Majesty the Queen in Right of Ontario
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 13 December 2021
- Procedural Posture
- Civil / Costs Endorsement on Appeal
- Outcome
- Appeal resisted by respondent; respondent awarded costs
- Legal Topics
- Costs, Appeal, Partial Indemnity Costs, Public Interest Exception
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Abudu Ibn Adam
Appellant
May Hyacenth Abudu
Appellant
Ibrahim A.C. Abudu (minor by his litigation guardian Abudu Ibn Adam)
Appellant
The Estate of Aminatawalla Napoga Chidinma Abudu (by litigation administrator Abudu Ibn Adam)
Appellant
Christine J. Ledesma-Cadhit
Respondent
GlaxoSmithKline Inc.
Respondent
Her Majesty the Queen in Right of Canada
Respondent
Her Majesty the Queen in Right of Ontario
Respondent
Procedural Posture
Civil / Costs Endorsement on Appeal
Legal Issues
- 1 Whether the appellants' appeal raised novel or public interest issues warranting no costs
- 2 Whether the respondent is entitled to costs for successfully resisting the appeal
- 3 What quantum of partial indemnity costs is reasonable in the circumstances
Ratio Decidendi
The appeal did not raise novel or public interest issues; the respondent, having successfully resisted the appeal, is entitled to costs on a partial indemnity basis; the appropriate award was fixed at $25,000 inclusive of disbursements and applicable taxes, limited to costs associated with time spent by the two senior lawyers.
Court Disposition
Appeal resisted by respondent; respondent awarded costs
Orders
- Respondent GlaxoSmithKline Inc. awarded partial indemnity costs against the appellants fixed at $25,000 inclusive of disbursements and applicable taxes
Full Case Text
Judgment text and source record
1 paragraphs
Adam v. Ledesma-Cadhit Collection Decisions of the Court of Appeal Date 2021-12-13 Neutral citation 2021 ONCA 891 Docket numbers C67828 Judges Brown, David M.; Roberts, Lois B.; Zarnett, Benjamin Subject Civil Decision Content COURT OF APPEAL FOR ONTARIO CITATION: Adam v. Ledesma-Cadhit, 2021 ONCA 891 DATE: 20211213 DOCKET: C67828 Brown, Roberts and Zarnett JJ.A. BETWEEN Abudu Ibn Adam, May Hyacenth Abudu, Ibrahim A.C. Abudu (a minor by his litigation guardian, Abudu Ibn Adam), and The Estate of Aminatawalla Napoga Chidinma Abudu (by the litigation administrator, Abudu Ibn Adam) Plaintiffs (Appellants) and Christine J. Ledesma-Cadhit, GlaxoSmithKline Inc., Her Majesty the Queen in Right of Canada, Her Majesty the Queen in Right of Ontario Defendants (Respondent) Jasmine M. Ghosn, for the appellants Randy C. Sutton, Kate Findlay and Justine Smith, for the respondent GlaxoSmithKline Inc. Heard: June 28, 2021 by video conference On appeal from the judgment of Justice Markus Koehnen of the Superior Court of Justice, dated December 10, 2019, with reasons reported at 2019 ONSC 7066. COSTS ENDORSEMENT [1] We have reviewed the cost submissions filed by the parties. We do not accept the appellants’ submission that their appeal raised novel issues, which were in the public interest, with the result that there should be no award of costs of the appeal. The proceeding involved the application of well-established legal principles to the particular facts of the case. [2] The respondent successfully resisted the appeal and is entitled to costs. Although the respondent incurred partial indemnity costs in the amount of $54,584.14, in the circumstances it seeks an award of $30,000. [3] In our view, a fair and reasonable award of partial indemnity costs should be limited to the costs associated with time spent by the two senior lawyers on the appeal. Accordingly, the respondent is entitled to its partial indemnity costs from the appellants fixed in the amount of $25,000, inclusive of disbursements and applicable taxes. “David Brown J.A.” “L.B. Roberts J.A.” “B. Zarnett J.A.”