Mitchell v. Lewis

Mitchell v. Lewis

No costs of the appeal were awarded because the appellants' success was modest and represented an indulgence to cure pleading deficiencies; the motion judge's costs award was varied downward by $5,000 to $15,000 inclusive, reflecting the appellants' limited success on appeal.

Citation
2017 ONCA 105
Parties
Appellant: Ryan Mitchell; The Mitchell Consulting Group; The Mitchell Consulting Group Inc.; Respondent: Robert Lewis; Wendy Lewis; Global Learning Group Inc. (aka Global Learning Giving Initiative; GLGI); Global Land Consortium Inc.; Ardoch Lake Developments Inc.; Colonial Chevrolet Ltd.; 2168368 Ontario Inc.; Digital Consultation Management Services (carried on by 2168368 Ontario Inc.)
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
7 February 2017
Procedural Posture
Civil / Appeal From Motion Judge (costs Endorsement)
Outcome
No costs of the appeal; motion judge's costs order varied to award respondents costs of the motion in the amount of $15,000.00 inclusive of taxes and disbursements.
Legal Topics
Costs of Appeal, Striking Out Statement of Claim, Variation of Costs Orders, Appellate Deference
Source Language
English
Civil Procedure Costs Appeal Costs of Appeal Striking Out Statement of Claim Variation of Costs Orders Appellate Deference

Case Brief

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Parties

Ryan Mitchell; The Mitchell Consulting Group; The Mitchell Consulting Group Inc.

Appellant

Robert Lewis; Wendy Lewis; Global Learning Group Inc. (aka Global Learning Giving Initiative; GLGI); Global Land Consortium Inc.; Ardoch Lake Developments Inc.; Colonial Chevrolet Ltd.; 2168368 Ontario Inc.; Digital Consultation Management Services (carried on by 2168368 Ontario Inc.)

Respondent

Procedural Posture

Civil / Appeal From Motion Judge (costs Endorsement)

Legal Issues

  1. 1 Whether appellants should be awarded costs of the appeal
  2. 2 Whether the motion judge's costs award should be varied
  3. 3 Appropriate quantum of costs given appellants' limited success on appeal

Ratio Decidendi

No costs of the appeal were awarded because the appellants' success was modest and represented an indulgence to cure pleading deficiencies; the motion judge's costs award was varied downward by $5,000 to $15,000 inclusive, reflecting the appellants' limited success on appeal.

Court Disposition

No costs of the appeal; motion judge's costs order varied to award respondents costs of the motion in the amount of $15,000.00 inclusive of taxes and disbursements.

Orders

  • No costs of the appeal.
  • Costs of the motion to the respondents in the amount of $15,000.00 inclusive of taxes and disbursements.