Ellis v. Wentzell-Ellis
The Court of Appeal allowed the appeal ordering the child's return to England and, after considering deterrence and the parties' relative circumstances, awarded the successful appellant costs of both the appeal and the application proceedings on a partial indemnity scale in the aggregate all inclusive amount of...
Source-derived case information.
- Citation
- 2010 ONCA 446
- Parties
- Appellant: Jason Alexander Ellis; Respondent: Laura Wentzell-Ellis
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 16 June 2010
- Procedural Posture
- Family Hague Convention International Child Abduction / Court of Appeal Judgment and Costs Endorsement After Appeal Allowed
- Outcome
- Appeal allowed; child ordered returned to England; costs awarded to appellant in the aggregate all inclusive amount of $5,000 on a partial indemnity scale inclusive of disbursements and GST.
- Legal Topics
- International Child Abduction, Hague Convention, Costs, Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jason Alexander Ellis
Appellant
Laura Wentzell-Ellis
Respondent
Procedural Posture
Family Hague Convention International Child Abduction / Court of Appeal Judgment and Costs Endorsement After Appeal Allowed
Legal Issues
- 1 Whether the successful appellant is entitled to costs for the appeal and the underlying application
- 2 Appropriate quantum and scale of costs in Hague Convention child abduction proceedings
- 3 Balancing deterrence function of costs against the relative situations of the parties
Ratio Decidendi
The Court of Appeal allowed the appeal ordering the child's return to England and, after considering deterrence and the parties' relative circumstances, awarded the successful appellant costs of both the appeal and the application proceedings on a partial indemnity scale in the aggregate all inclusive amount of $5,000 inclusive of disbursements and GST.
Court Disposition
Appeal allowed; child ordered returned to England; costs awarded to appellant in the aggregate all inclusive amount of $5,000 on a partial indemnity scale inclusive of disbursements and GST.
Orders
- Appeal allowed and child ordered returned to England forthwith so English courts can assume jurisdiction.
- Costs awarded to the appellant for both the appeal and the application proceedings on a partial indemnity scale in the aggregate all inclusive amount of $5,000 inclusive of disbursements and GST.
Full Case Text
Judgment text and source record
1 paragraphs
Ellis v. Wentzell-Ellis Collection Decisions of the Court of Appeal Date 2010-06-16 Neutral citation 2010 ONCA 446 Docket numbers C51392 Judges Goudge, Stephen Thomas; MacFarland, Jean Louise; LaForme, Harry Smith Subject Family Decision Content CITATION: Ellis v. Wentzell-Ellis, 2010 ONCA 446 DATE: 20100616 DOCKET: C51392 COURT OF APPEAL FOR ONTARIO Goudge, MacFarland and LaForme JJ.A. BETWEEN Jason Alexander Ellis Appellant and Laura Wentzell-Ellis Respondent Philip M. Epstein Q.C. and Lily Ng, for the appellant Ian R. Mang, for the respondent Heard: April 1, 2010 COSTS ENDORSEMENT [1] On May 13, 2010 the judgment in this matter was released by this court. The appeal involved the application of the Hague Convention on the Civil Aspects of International Child Abduction, 1980, C.T.S. 1983/35; 19 I.L.M. 1501. The appeal was allowed and the child was ordered returned to England forthwith so that the English courts can assume jurisdiction. Costs of the appeal were reserved to allow the parties to file written submissions. The submissions have been filed and reviewed. [2] In his submissions the appellant father seeks costs of the appeal in the amount of $15,000 on a partial indemnity scale inclusive of disbursements and GST. In addition, he requests that this court fix costs for the hearing before the application judge. Again, he asks that such costs be on a partial indemnity scale and fixed in the all inclusive amount of $15,000. [3] The respondent mother submits that we award no costs of the appeal or, if we do, such costs to be in the all inclusive amount of $5,000. She makes no submissions in connection with the application hearing. [4] The application judge did not determine the issue of costs and this court has no knowledge as to the circumstances surrounding that. Nevertheless, in order to bring finality to these proceedings we will decide that issue. [5] The issue in this appeal is a serious one that often times demands the deterrence feature that can result from the awarding of costs. At the same time - particularly in this case - a costs award must also consider the relative situations of the parties. Having regard to this, and after consideration of the submissions, we conclude that in all the circumstances the appellant father is entitled to costs of both the appeal and the application proceedings. Such costs shall be on a partial indemnity scale in the aggregate amount of $5,000 inclusive of disbursements and GST. “Stephen Goudge J.A.” “J. MacFarland J.A.” “H. S. LaForme J.A.”