Thursday, March 28, 2013

A successful civil appellant is awarded the costs below and of the appeal

Marshall v. MMV Financial Inc., 2013 ONCA 188 holds:

[23]   As he was largely successful on both appeals, the costs awards below are varied in any event, based on the general principle that a successful appellant is awarded the costs below and of the appeal: see Kopij v. Toronto (Metropolitan), [1999] O.J. No. 239 (Ont. C.A.).  Costs of the application and the motion are fixed in the aggregate amount of $7,500 inclusive of disbursements and applicable taxes. Costs of the appeal are fixed in the amount of $7,500 inclusive of disbursements and applicable taxes. The respondent therefore is to pay the appellant $15,000 in total on account of costs.


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