Kang v. Sun Life Assurance Company of Canada
The Court remitted the question of the costs of the motion to Justice Paul M. Perell for reconsideration in light of the Court's reasons; the appellate court did not fix the quantum of costs itself.
Source-derived case information.
- Citation
- 2013 ONCA 387
- Parties
- Appellant: Joseph (Jung Yub) Kang; Respondent: Sun Life Assurance Company of Canada
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 11 June 2013
- Procedural Posture
- Civil / Court of Appeal — Costs Endorsement on Motion Remitted to Motion Judge
- Outcome
- Costs of the motion remitted to Justice Paul M. Perell for reconsideration in light of the Court of Appeal's reasons.
- Legal Topics
- Costs of Motion, Remittal to Trial Judge, Appellate Supervision of Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph (Jung Yub) Kang
Appellant
Sun Life Assurance Company of Canada
Respondent
Procedural Posture
Civil / Court of Appeal — Costs Endorsement on Motion Remitted to Motion Judge
Legal Issues
- 1 Whether the costs of the motion should be fixed by the Court of Appeal or remitted to the motion judge for reconsideration
- 2 Whether a reconsideration of costs is required in light of this court's reasons
Ratio Decidendi
The Court remitted the question of the costs of the motion to Justice Paul M. Perell for reconsideration in light of the Court's reasons; the appellate court did not fix the quantum of costs itself.
Court Disposition
Costs of the motion remitted to Justice Paul M. Perell for reconsideration in light of the Court of Appeal's reasons.
Orders
- Costs of the motion are remitted to Justice Paul M. Perell for reconsideration in light of these reasons.
Full Case Text
Judgment text and source record
1 paragraphs
Kang v. Sun Life Assurance Company of Canada Collection Decisions of the Court of Appeal Date 2013-06-11 Neutral citation 2013 ONCA 387 Docket numbers C54700 Judges Laskin, John Ivan; Rosenberg, Marc; Goudge, Stephen Thomas Subject Civil Decision Content COURT OF APPEAL FOR ONTARIO CITATION: Kang v. Sun Life Assurance Company of Canada, 2013 ONCA 387 DATE: 20130611 DOCKET: C54700 Laskin, Rosenberg and Goudge JJ.A. BETWEEN Joseph (Jung Yub) Kang Plaintiff (Appellant) and Sun Life Assurance Company of Canada Defendant (Respondent) Won J. Kim, Victoria A. Paris and Norman Mizobuchi, for the appellant F. Paul Morrison, Glynnis P. Burt and Heather L. Meredith, for the respondent Heard: April 12, 2012 On appeal from the order of Justice Paul M. Perell of the Superior Court of Justice, dated October 27, 2011, with reasons reported at 2011 ONSC 6335. COSTS ENDORSEMENT [1] We have considered the written submissions on the costs of the motion before Perell J. In our view, the appropriate order is to remit the costs of the motion to Perell J. for his reconsideration in the light of our reasons. “John Laskin J.A.” “M. Rosenberg J.A.” “S.T. Goudge J.A.”