Canada Case Law

Morton v. Cherkaoui

Court

British Columbia Court of Appeal

The respondent is entitled to ordinary costs of the appeal payable by the appellant under s.44 of the Court of Appeal Act; the appellant's inaccurate factual assertions and corrected A.I. errors did not constitute reprehensible conduct on the appeal sufficient to warrant special costs, and trial conduct alone without lower‑court findings is insufficient to justify special costs on appeal.

Source excerpt

• Derivative action
• Leave to commence derivative action
• Costs of appeal
• Special costs
• Misconduct in litigation
• Use of ai in legal submissions

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Hartin v. Hynes

Court

Court of Appeal for Ontario

The Ontario Court of Appeal dismissed an appeal from summary judgment in a dog-bite case, finding no agency basis for vicarious liability and no statutory owner liability.

• Dog bite
• Owner liability under statute
• Vicarious liability
• Agency relationship
• Summary judgment
• Costs of appeal

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Leduc v. Dufour

Court

Court of Appeal for Ontario

The Court of Appeal for Ontario fixed appeal costs at $37,000 after dismissing the appeal, ordering the appellant to pay the respondents on an all-inclusive basis.

• Costs of appeal
• Quantum of costs
• Litigation guardianship
• Estate litigation
• Costs-of-appeal
• Quantum-of-costs

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Sefcikova v. Orca Realty Inc.

Court

British Columbia Court of Appeal

The general rule in s.44 of the Court of Appeal Act awards costs to the successful party; appellants failed to show any conduct in the appeal proceedings that would disentitle respondents to costs, and allegations of misconduct pertained to the trial court and were unsupported by the record, therefore respondents are entitled to costs.

Source excerpt

• Costs of appeal
• Entitlement to costs
• Self-represented litigants
• Conduct of litigation

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Behnke v. Pannu

Court

British Columbia Court of Appeal

Supplementary reasons on costs after dismissal of an appeal and cross-appeal. The Court awarded the respondent 75% of appeal costs and no costs on the cross-appeal.

• Costs of appeal
• Cross-appeal costs
• Departure from general rule
• Non-pecuniary damages
• Causation
• Credibility

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Bongard v. Bullen

Court

Court of Appeal for Ontario

Because success on the appeal was divided and the respondent filed a late cross-motion requiring an extension of time which increased the work incurred, the court exercised its discretion to make no order for costs of the appeal; consequently it was unnecessary to decide whether the respondent sufficiently established loss of remuneration.

Source excerpt

• Costs of appeal
• Self-represented litigant costs
• Leave to appeal
• Extension of time
• Divided success

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Yui v. Yan

Court

Court of Appeal for Ontario

There was no basis for an elevated costs award; respondents are entitled to costs on a partial indemnity basis and, having considered the parties' submissions and the appellant's bill of costs, the appropriate all‑inclusive award for the appeal is $11,500.

Source excerpt

• Costs of appeal
• Partial indemnity
• Proportionality
• Bill of costs

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Mikhail v. Mikhail

Court

Court of Appeal for Ontario

Because the appellant abandoned the appeal and the parties could not agree on costs, the Court exercised its discretion and awarded the respondent costs of the appeal in the amount of $10,000, inclusive of disbursements and applicable taxes.

Source excerpt

• Costs of appeal
• Abandonment of appeal
• Disbursements and taxes

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Li v. Barber

Court

Court of Appeal for Ontario

Because the respondents were wholly successful in opposing the appeal and the appellants' public interest argument did not persuade the court to depart from the ordinary rule, the Court awarded the respondents costs of the appeal fixed at $20,000 inclusive of disbursements and taxes, payable within 30 days, apportioned 90% to appellants represented by Manson and Fleury and 10% to appellants represented by Overwater.

Source excerpt

• Costs of appeal
• Apportionment of costs
• Public interest litigation

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Chijindu v. Law Society of Ontario

Court

Court of Appeal for Ontario

Because the appellant's appeal was dismissed, the Law Society, as the successful party, was entitled to costs of the appeal; the court exercised its discretion to fix the all-inclusive costs award at $10,000.

Source excerpt

• Costs of appeal
• Appeal dismissed

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