Beaver v. Hill

Beaver v. Hill

The court held that the respondent was more successful overall and was entitled to costs of the appeal and the original motion to strike the amended answer; the appellant was permitted leave to seek to amend his answer but did not obtain the stay he sought, and costs of $20,000 inclusive were appropriate given relative success and conduct.

Citation
2019 ONCA 156
Parties
Applicant (respondent): Brittany Beaver; Respondent (appellant): Kenneth Hill
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
27 February 2019
Procedural Posture
Family / Appeal Costs Decision
Outcome
Costs awarded to the respondent
Legal Topics
Interim Support, Constitutional Challenge Under S.35, Standing, Justiciability, Costs of Appeal, Amendment of Pleadings, Abuse of Process
Source Language
English
Family Law Constitutional Law Civil Procedure Costs Interim Support Constitutional Challenge Under S.35 Standing Justiciability +3 more

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Parties

Brittany Beaver

Applicant (respondent)

Kenneth Hill

Respondent (appellant)

Procedural Posture

Family / Appeal Costs Decision

Legal Issues

  1. 1 Whether the appellant was substantially successful on the appeal for costs purposes
  2. 2 Whether the respondent was entitled to costs of the original motion to strike the amended answer
  3. 3 Whether the appellant’s constitutional challenge and related jurisdictional issues justified staying family law proceedings

Ratio Decidendi

The court held that the respondent was more successful overall and was entitled to costs of the appeal and the original motion to strike the amended answer; the appellant was permitted leave to seek to amend his answer but did not obtain the stay he sought, and costs of $20,000 inclusive were appropriate given relative success and conduct.

Court Disposition

Costs awarded to the respondent

Orders

  • Respondent awarded costs of the appeal in the amount of $20,000 inclusive of disbursements and HST, including the costs of the stay motion heard by Roberts J.A.