Palichuk v. Palichuk
Respondents were awarded costs because they were entirely successful on the issues and the appellant pursued a guardianship claim and appeals despite an expert report finding capacity and without tendering competing expert evidence; applying the Rule 57.01 factors the court fixed costs at $15,000 inclusive for each...
Source-derived case information.
- Citation
- 2023 ONCA 309
- Parties
- Appellant: Linda Palichuk; Respondent/applicant: Nina Palichuk; Respondent: Susan Palichuk; Respondent: Public Guardian and Trustee; Respondent/appellant: BMO Nesbitt Burns
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 1 May 2023
- Procedural Posture
- Family Law Appeal / Costs Submissions / Costs Endorsement After Judgment
- Outcome
- Respondents awarded costs; appellant unsuccessful on the motion and appeals including leave to appeal costs order.
- Legal Topics
- Capacity, Guardianship, Costs Awards, Leave to Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Linda Palichuk
Appellant
Nina Palichuk
Respondent/applicant
Susan Palichuk
Respondent
Public Guardian and Trustee
Respondent
BMO Nesbitt Burns
Respondent/appellant
Procedural Posture
Family Law Appeal / Costs Submissions / Costs Endorsement After Judgment
Legal Issues
- 1 Whether Nina Palichuk was incapable and required a guardianship order
- 2 Whether leave to appeal the Superior Court costs order should be granted
- 3 Whether the appellant’s conduct in persisting without expert evidence justified an adverse costs award
Ratio Decidendi
Respondents were awarded costs because they were entirely successful on the issues and the appellant pursued a guardianship claim and appeals despite an expert report finding capacity and without tendering competing expert evidence; applying the Rule 57.01 factors the court fixed costs at $15,000 inclusive for each respondent.
Court Disposition
Respondents awarded costs; appellant unsuccessful on the motion and appeals including leave to appeal costs order.
Orders
- Costs payable to each respondent in the amount of $15,000, inclusive of disbursements and HST
- No order regarding enforcement
Full Case Text
Judgment text and source record
1 paragraphs
Palichuk v. Palichuk Collection Decisions of the Court of Appeal Date 2023-05-01 Neutral citation 2023 ONCA 309 Docket numbers C70118 Judges Doherty, David H.; Feldman, Kathryn N.; Trotter, Gary T. Subject Family Decision Content COURT OF APPEAL FOR ONTARIO CITATION: Palichuk v. Palichuk, 2023 ONCA 309 DATE: 20230501 DOCKET: C70118 Doherty, Feldman and Trotter JJ.A. BETWEEN Linda Palichuk Applicant (Appellant) Nina Palichuk, Susan Palichuk and Public Guardian and Trustee Respondents (Respondents) AND BETWEEN Nina Palichuk Applicant (Respondent) and Linda Palichuk, Susan Palichuk and BMO Nesbitt Burns Respondents (Appellant) Joseph Figliomeni and Quinn Giordano, for Linda Palichuk Jonah Waxman and Julia Chumak, for Susan Palichuk M. Jasmine Sweatman, for Nina Palichuk Heard: November 16, 2022 On appeal from the orders of Justice Roger Chown of the Superior Court of Justice, dated November 9, 2021, with reasons at 2021 ONSC 7393, and from the costs order dated December 7, 2021, with reasons at 2021 ONSC 8051. COSTS ENDORSEMENT [1] Judgment in this appeal was released on February 23, 2023. We have now received and reviewed the parties’ costs submissions. [2] The respondents were entirely successful on the numerous issues raised by the appellant, including an application for leave to appeal the costs order made in the Superior Court. In the face of an expert report finding Nina Palichuk to be capable, and without tendering her own report, the respondent persisted with her claim that Nina Palichuk was incapable and sought a guardianship order. The respondent was entirely unsuccessful on the motion, and again on appeal. Leave to appeal the costs order was also denied. [3] After reviewing the submissions and the Bills of Costs submitted by all parties, and having considered the factors in r. 57.01 of the Rules of Civil Procedure, R.R.O., Reg. 194, we order costs payable to each respondent in the amount of $15,000, inclusive of disbursements and HST. We make no order regarding enforcement. “Doherty J.A.” “K. Feldman J.A.” “Gary Trotter J.A.”