Yekrangian v. Boys
Respondents were awarded specified costs for two pre-hearing motions (the agreed $1,000 for the motion to expedite and $7,000 for the motion to introduce fresh evidence) because the court found entitlement to those awards; given divided success on the appeal, each party must bear its own costs of the appeal; the...
Source-derived case information.
- Citation
- 2021 ONCA 777
- Parties
- Appellant: Seyedehzahra Delnaz Yekrangian; Appellant: Elle Hariri Cameron; Respondent: Christopher Allan Boys; Respondent: Kristy Anne Boys; Respondent: Stefan Brogren
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 1 November 2021
- Procedural Posture
- Civil / Post Appeal Costs Submissions in Court of Appeal
- Outcome
- Respondents awarded costs for two pre-hearing motions; parties to bear their own costs of the appeal; lower court costs order not disturbed.
- Legal Topics
- Costs on Motions, Allocation of Appeal Costs, Fresh Evidence on Appeal, Motions to Expedite
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Seyedehzahra Delnaz Yekrangian
Appellant
Elle Hariri Cameron
Appellant
Christopher Allan Boys
Respondent
Kristy Anne Boys
Respondent
Stefan Brogren
Respondent
Procedural Posture
Civil / Post Appeal Costs Submissions in Court of Appeal
Legal Issues
- 1 Whether respondents were entitled to costs for two pre-hearing motions
- 2 How costs of the appeal should be allocated given divided success
- 3 Whether to disturb the lower court costs order
Ratio Decidendi
Respondents were awarded specified costs for two pre-hearing motions (the agreed $1,000 for the motion to expedite and $7,000 for the motion to introduce fresh evidence) because the court found entitlement to those awards; given divided success on the appeal, each party must bear its own costs of the appeal; the lower court costs order was left undisturbed because the appellants' partial success on a particular issue was based on an argument not advanced below.
Court Disposition
Respondents awarded costs for two pre-hearing motions; parties to bear their own costs of the appeal; lower court costs order not disturbed.
Orders
- Respondents awarded $1,000 for the Motion to Expedite the Appeal, inclusive of disbursements and HST
- Respondents awarded $7,000 for the Motion to Introduce Fresh Evidence, inclusive of disbursements and HST
Full Case Text
Judgment text and source record
1 paragraphs
Yekrangian v. Boys Collection Decisions of the Court of Appeal Date 2021-11-01 Neutral citation 2021 ONCA 777 Docket numbers C68401 Judges Fairburn, J. Michal; Miller, Bradley; Zarnett, Benjamin Subject Civil Decision Content COURT OF APPEAL FOR ONTARIO CITATION: Yekrangian v. Boys, 2021 ONCA 777 DATE: 20211101 DOCKET: C68401 Fairburn A.C.J.O., Miller and Zarnett JJ.A. BETWEEN Seyedehzahra Delnaz Yekrangian and Elle Hariri Cameron Applicants (Appellants) and Christopher Allan Boys, Kristy Anne Boys and Stefan Brogren Respondents (Respondents) Melvyn L. Solmon and Rajiv Joshi, for the appellants Jonathan Barr and Amiri Moses Dear, for the respondents Heard: March 3, 2021 by video conference On appeal from the judgment of Justice Andra Pollak of the Superior Court of Justice, dated May 12, 2020, with reasons reported at 2020 ONSC 2320, 20 R.P.R. (6th) 113. COSTS ENDORSEMENT [1] On September 17, 2021, this court released its reasons in Yekrangian v. Boys, 2021 ONCA 629 and invited submissions on costs of the appeal. Having reviewed the submissions of the parties, we are of the view that the respondents should be awarded their costs of the two pre-hearing motions. Given the divided success on the appeal, the parties should bear their own costs of the appeal. We would not disturb the costs order for the application below, given that the basis for the appellant’s partial success regarding 176 Strachan was an argument not advanced on the application. [2] The respondents are awarded costs in the amount of $1,000 for the Motion to Expedite the Appeal, as agreed at the hearing of that motion, and $7,000 for the Motion to Introduce Fresh Evidence, both inclusive of disbursements and HST. “Fairburn A.C.J.O.” “B.W. Miller J.A.” “B. Zarnett J.A.”