Legal Blog

Costs – Leave to Appeal

Hronowsky v. Hronowsky 2018 Ont Div Ct

The Court noted that counsel had not submitted costs submissions before the cut-off date of 5 days before the hearing of the leave to appeal motion. Accordingly, it allowed costs of only $2,000. Winning counsel then noted they had not made the cost submissions because offers to settle were outstanding, a specific exemption under the appropriate practice direction. The court acknowledged that the practice direction did not require counsel, before the motion was to be heard, to note that its silence arose because of the exemption and therefore counsel’s silence would not be held against them. The court amended its costs ruling to award the maximum of $5,000. Takeaway- if cost submissions are not to be made before the cut-off date because of offers to settle, notify the court.

Written by Jonathan Speigel, the founding partner of Speigel Nichols Fox LLP, leads the litigation and construction practices.