Mouralian v. Groleau
The court held that the respondent is entitled only to partial indemnity costs; the settlement offer did not change the costs disposition and did not justify an award of substantial indemnity, and therefore the appellant was ordered to pay $7,601.21.
Source-derived case information.
- Citation
- 2024 ONCA 485
- Parties
- Appellant: Nathalie Mouralian; Respondent: Isabelle Groleau
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 14 June 2024
- Procedural Posture
- Civil / Appeal Costs Endorsement
- Outcome
- Respondent awarded partial indemnity costs of the appeal in the amount of $7,601.21; appellant to pay within 30 days.
- Legal Topics
- Costs of Appeal, Offer to Settle, Partial Indemnity Costs, Substantial Indemnity Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Nathalie Mouralian
Appellant
Isabelle Groleau
Respondent
Procedural Posture
Civil / Appeal Costs Endorsement
Legal Issues
- 1 Whether the respondent is entitled to substantial indemnity costs based on a settlement offer
- 2 Whether offers to settle in relation to appeals carry automatic costs consequences
- 3 Quantum of costs to be awarded for the appeal
Ratio Decidendi
The court held that the respondent is entitled only to partial indemnity costs; the settlement offer did not change the costs disposition and did not justify an award of substantial indemnity, and therefore the appellant was ordered to pay $7,601.21.
Court Disposition
Respondent awarded partial indemnity costs of the appeal in the amount of $7,601.21; appellant to pay within 30 days.
Orders
- Appellant to pay respondent partial indemnity costs of the appeal in the amount of $7,601.21 within 30 days of the release of this endorsement.
Full Case Text
Judgment text and source record
1 paragraphs
Mouralian v. Groleau Collection Decisions of the Court of Appeal Date 2024-06-14 Neutral citation 2024 ONCA 485 Docket numbers C70741 Judges Roberts, Lois B.; Trotter, Gary T.; George, Jonathon C. Subject Civil Decision Content COURT OF APPEAL FOR ONTARIO CITATION: Mouralian v. Groleau, 2024 ONCA 485 DATE: 20240614 DOCKET: C70741 Roberts, Trotter and George JJ.A. BETWEEN Nathalie Mouralian Plaintiff (Appellant) and Isabelle Groleau Defendant (Respondent) Kenyah Coombs, for the appellant Matthew Morden, for the respondent Heard: in writing On appeal from the order of Justice Jasmine T. Akbarali of the Superior Court of Justice, dated May 13, 2022, with reasons reported at 2022 ONSC 2925. COSTS ENDORSEMENT [1] On May 6, 2024, we dismissed the appeal and ordered that the respondent is entitled to her partial indemnity costs of the appeal. We invited the parties to make brief written submissions regarding the quantum within 7 days of the release of our reasons dismissing the appeal, if they could not agree. They could not. Only the respondent has filed costs submissions. [2] The respondent submits that she should receive substantial indemnity costs of the appeal in the amount of $11,210 based on an email offer to settle dated June 16, 2022 that the appellant did not accept. In the offer, the respondent proposed to reduce the $12,000 costs award on the summary judgment motion to $8,000, and, upon payment of the reduced amount, to consent to a dismissal of the appeal without costs. The respondent advised the appellant that if the offer were not acceptable, she should perfect her appeal. [3] The respondent’s offer to settle does not change our original determination that the appropriate disposition is that the respondent should receive her appeal costs on a partial indemnity basis. There are no automatic costs consequences flowing from an offer to settle made in relation to an appeal. Moreover, the respondent’s offer to settle appears to be time limited. It does not justify the extraordinary award of substantial indemnity costs. [4] Accordingly, we order that the appellant pay the respondent’s partial indemnity costs in the amount of $7,601.21 within 30 days of the release of this endorsement. “L.B. Roberts J.A.” “Gary Trotter J.A.” “J. George J.A.”