Ochnik (Trustee) v. Belusa
The appeal was allowed but no costs were awarded because the appellant failed to prove forgone income and the appeal was conceded shortly after counsel was retained, so no additional work justified costs.
Source-derived case information.
- Citation
- 2019 ONCA 785
- Parties
- Appellant: Richard Ochnik (Trustee) for the Ochnik Family Trust; Respondent: Claudia Belusa a.k.a. Claudia Irma Ochnik
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 2 October 2019
- Procedural Posture
- Civil Appeal / Court of Appeal Decision
- Outcome
- Appeal allowed; no costs awarded.
- Legal Topics
- Costs, Forgone Income, Concession of Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Richard Ochnik (Trustee) for the Ochnik Family Trust
Appellant
Claudia Belusa a.k.a. Claudia Irma Ochnik
Respondent
Procedural Posture
Civil Appeal / Court of Appeal Decision
Legal Issues
- 1 Whether the appeal should be allowed
- 2 Whether the appellant was entitled to costs
- 3 Whether the appellant proved forgone income to support a costs claim
Ratio Decidendi
The appeal was allowed but no costs were awarded because the appellant failed to prove forgone income and the appeal was conceded shortly after counsel was retained, so no additional work justified costs.
Court Disposition
Appeal allowed; no costs awarded.
Orders
- Appeal allowed
- No costs awarded to the appellant
Full Case Text
Judgment text and source record
1 paragraphs
Ochnik (Trustee) v. Belusa Collection Decisions of the Court of Appeal Date 2019-10-02 Neutral citation 2019 ONCA 785 Docket numbers C66611 Judges Lauwers, Peter D.; Fairburn, J. Michal; Zarnett, Benjamin Subject Civil Decision Content COURT OF APPEAL FOR ONTARIO CITATION: Ochnik (Trustee) v. Belusa, 2019 ONCA 785 DATE: 20191002 DOCKET: C66611 Lauwers, Fairburn and Zarnett JJ.A. BETWEEN Richard Ochnik (Trustee) for the Ochnik Family Trust Plaintiff (Appellant) and Claudia Belusa a.k.a. Claudia Irma Ochnik Defendant (Respondent) Matthew Tubie, for the appellant Lindsay Woods, for the respondent Heard: September 26, 2019 On appeal from the order of Justice Janet Wilson of the Superior Court of Justice dated February 15, 2019 with reasons reported at 2019 ONSC 1155. REASONS FOR DECISION [1] As the parties agree the appeal must be allowed. [2] In the circumstances we award no costs. Mr. Ochnik is not entitled to costs because he did not prove forgone income, and because shortly after counsel was retained the appeal was conceded without any additional work. “P. Lauwers J.A.” “Fairburn J.A.” “B. Zarnett J.A.”