Zhang v. Shenglin Financial Group Inc.
Respondent entitled to costs of the appeal but the court exercised its discretion to reduce the quantum to $9,000 because the amount claimed was high in light of what was involved, particularly the absence of an oral hearing.
Source-derived case information.
- Citation
- 2020 ONCA 404
- Parties
- Appellant: Jing Zhang a.k.a. Jeff Zhang; Respondent: Shenglin Financial Group Inc.
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 19 June 2020
- Procedural Posture
- Civil Appeal / Costs Endorsement Following Dismissal of Appeal
- Outcome
- Appeal dismissed; costs awarded to respondent.
- Legal Topics
- Costs of Appeal, Quantum of Costs, Discretion to Fix Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jing Zhang a.k.a. Jeff Zhang
Appellant
Shenglin Financial Group Inc.
Respondent
Procedural Posture
Civil Appeal / Costs Endorsement Following Dismissal of Appeal
Legal Issues
- 1 Whether respondent is entitled to costs of the appeal
- 2 What quantum of costs is appropriate given the circumstances of the appeal
- 3 Consideration of absence of oral hearing in fixing costs
Ratio Decidendi
Respondent entitled to costs of the appeal but the court exercised its discretion to reduce the quantum to $9,000 because the amount claimed was high in light of what was involved, particularly the absence of an oral hearing.
Court Disposition
Appeal dismissed; costs awarded to respondent.
Orders
- Appellant to pay respondent costs of the appeal fixed at $9,000 inclusive of disbursements and HST.
Full Case Text
Judgment text and source record
1 paragraphs
Zhang v. Shenglin Financial Group Inc. Collection Decisions of the Court of Appeal Date 2020-06-19 Neutral citation 2020 ONCA 404 Docket numbers C67454 Judges Brown, David M.; Paciocco, David M.; Nordheimer, Ian V.B. Subject Civil Decision Content COURT OF APPEAL FOR ONTARIO CITATION: Zhang v. Shenglin Financial Group Inc., 2020 ONCA 404 DATE: 20200619 DOCKET: C67454 Brown, Paciocco and Nordheimer JJ.A. BETWEEN Jing Zhang a.k.a. Jeff Zhang Applicant (Appellant) and Shenglin Financial Group Inc. Respondent (Respondent) Rebecca Huang and Zina Rita, for the appellant Douglas O. Smith and Cindy Zhang, for the respondent Heard: In writing On appeal from the judgment of Justice Shaun S. Nakatsuru of the Superior Court of Justice, dated August 27, 2019, with reasons reported at 2019 ONSC 4998. COSTS ENDORSEMENT [1] On June 10, 2020, we released our decision in which we dismissed Mr. Zhang’s appeal. We invited the parties to make written submissions on the costs of the appeal. We have now received and reviewed those submissions. [2] The respondent seeks its costs of the appeal in the amount of $17,818.44 on the basis that it was successful on the appeal. The appellant does not dispute that the respondent is entitled to costs but submits that the amount should be lower. The appellant points to the fact that he would only have sought $9,152.95 in costs, if he had been successful. [3] In our view, the amount that the respondent seeks is high in light of what was involved in this case. In that regard, we note that there was no oral hearing in this matter. We would fix the costs at $9,000. [4] In the end result, we order that the appellant pay to the respondent the costs of the appeal fixed in the amount of $9,000 inclusive of disbursements and HST. “David Brown J.A.” “David M. Paciocco J.A.” “I.V.B. Nordheimer J.A.”