Covriga v. Covriga
Because no motion for mistrial was made and the record provided no basis for the trial judge to declare a mistrial on her own motion, and because the administrative suspension of counsel disclosed after trial did not demonstrate unfairness, the appeal is dismissed and the trial judge's costs award (including partial...
Source-derived case information.
- Citation
- 2011 ONCA 769
- Parties
- Appellant: Mihaela Juliana Covriga; Respondent: Remus Joan Covriga
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 7 December 2011
- Procedural Posture
- Family Law / Appeal From Superior Court Trial Decision
- Outcome
- Appeal dismissed
- Legal Topics
- Mistrial, Right to Fair Trial, Costs Awards Against Counsel, Counsel Suspension
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mihaela Juliana Covriga
Appellant
Remus Joan Covriga
Respondent
Procedural Posture
Family Law / Appeal From Superior Court Trial Decision
Legal Issues
- 1 Whether trial counsel's lack of competence required declaration of a mistrial
- 2 Whether the trial judge should have declared a mistrial on her own motion
- 3 Whether the administrative suspension of counsel during trial rendered the trial unfair
Ratio Decidendi
Because no motion for mistrial was made and the record provided no basis for the trial judge to declare a mistrial on her own motion, and because the administrative suspension of counsel disclosed after trial did not demonstrate unfairness, the appeal is dismissed and the trial judge's costs award (including partial indemnity against counsel) is upheld.
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed with costs on a partial indemnity scale fixed at $12,000 inclusive of disbursements and H.S.T.
Full Case Text
Judgment text and source record
1 paragraphs
Covriga v. Covriga Collection Decisions of the Court of Appeal Date 2011-12-07 Neutral citation 2011 ONCA 769 Docket numbers C50900 Judges Feldman, Kathryn N.; Sharpe, Robert J.; Epstein, Gloria Jean Subject Family Decision Content CITATION: Covriga v. Covriga, 2011 ONCA 769 DATE: 20111207 DOCKET: C50900 COURT OF APPEAL FOR ONTARIO Feldman, Sharpe and Epstein JJ.A. BETWEEN Mihaela Juliana Covriga Appellant in Appeal (Applicant) and Remus Joan Covriga Respondent in Appeal (Respondent) Mihaela Covriga, in person Kim Stock, for the respondent Heard and released orally: November 21, 2011 On appeal from the order of Justice Carolyn Horkins of the Superior Court of Justice dated August 8, 2009. ENDORSEMENT [1] The appellant’s main issue raised before this court is that her trial counsel was not well versed in family law and trial procedure, that this was apparent to the trial judge, and that as a result, the trial judge should have declared a mistrial at some point. [2] We cannot give effect to this submission. The appellant made no motion for a mistrial. The trial lasted 14 days. The appellant was represented by her counsel throughout. There was no basis for the trial judge, on her own motion, to declare a mistrial in the circumstances of this case. [3] The trial judge gave thorough reasons and made clear findings of fact on which she based her legal conclusions. She also gave lengthy and thorough reasons for awarding costs in this case, in part against trial counsel to reflect her role in the delay and other conduct that added to the cost of this proceeding. [4] The trial judge learned only after the trial, in an affidavit filed for the cost hearing, that the appellant’s lawyer was on administrative suspension from the Law Society for several days during the trial. On the record before us, there was no basis to conclude that the administrative suspension affected the fairness of the trial. [5] The appeal is therefore dismissed with costs on a partial indemnity scale fixed at $12,000 inclusive of disbursements and H.S.T. Signed: “K. Feldman J.A.” “Robert J. Sharpe J.A.” “G.J. Epstein J.A.”