Lalonde v. Agha
The respondent was entitled to her costs of the appeal; the appeal did not present exceptional circumstances to justify full indemnity costs, and the appropriate award was fixed at $5,000 inclusive of disbursements and taxes.
Source-derived case information.
- Citation
- 2021 ONCA 704
- Parties
- Respondent: Sophie Lalonde; Appellant: Samer Agha
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 8 October 2021
- Procedural Posture
- Family Law Appeal / Appeal (costs Endorsement)
- Outcome
- Appeal dismissed; respondent awarded costs of the appeal.
- Legal Topics
- Costs of Appeal, Indemnity Costs, Disbursements
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Sophie Lalonde
Respondent
Samer Agha
Appellant
Procedural Posture
Family Law Appeal / Appeal (costs Endorsement)
Legal Issues
- 1 Whether the respondent was entitled to costs of the appeal
- 2 Whether the appeal warranted an award of full indemnity costs
Ratio Decidendi
The respondent was entitled to her costs of the appeal; the appeal did not present exceptional circumstances to justify full indemnity costs, and the appropriate award was fixed at $5,000 inclusive of disbursements and taxes.
Court Disposition
Appeal dismissed; respondent awarded costs of the appeal.
Orders
- Appeal dismissed.
- Respondent awarded costs of the appeal in the amount of $5,000, inclusive of all disbursements and applicable taxes.
Full Case Text
Judgment text and source record
1 paragraphs
Lalonde v. Agha Collection Decisions of the Court of Appeal Date 2021-10-08 Neutral citation 2021 ONCA 704 Docket numbers C68482 Judges Brown, David M.; Roberts, Lois B.; Zarnett, Benjamin Subject Family Decision Content COURT OF APPEAL FOR ONTARIO CITATION: Lalonde v. Agha, 2021 ONCA 704 DATE: 20211008 DOCKET: C68482 Brown, Roberts and Zarnett JJ.A. BETWEEN Sophie Lalonde Applicant (Respondent) and Samer Agha Respondent (Appellant) Robert J.M. Ballance, for the appellant Michelle DiCarlo, for the respondent Heard: June 29, 2021 by video conference On appeal from the order of Justice Kirk W. Munroe of the Superior Court of Justice dated June 3, 2020, with reasons reported at 2020 ONSC 3486. COSTS ENDORSEMENT [1] On September 24, 2021, we dismissed the appellant’s appeal. As the appellant concedes, the respondent was successful and is entitled to her costs of the appeal. [2] We do not agree that this is one of those exceptional cases that merits an award of full indemnity costs. The respondent is entitled to her costs of the appeal in the amount of $5,000, inclusive of all disbursements and applicable taxes. “David Brown J.A.” “L.B. Roberts J.A.” “B. Zarnett J.A.”