What are the costs of a mother who lost her appeal against a motion finding that her Charter rights were violated?
Ontario, Canada
The following excerpt is from Mattina v. Mattina, 2018 ONCA 867 (CanLII):
The father raised four distinct issues on appeal: the motion judge erred in proceeding by way of summary judgment, the motion judge erred in failing to attach sufficient weight to the s. 30 assessment, the motion judge erred by failing to consider the best interests of the children and the maximum contact principle, and finally, his s. 7 and s. 11(b) Charter rights were infringed: Mattina v. Mattina, at paras. 9-10. This court dismissed all four grounds of appeal. The mother is accordingly presumptively entitled to her costs.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
How has the court considered a motion for leave to appeal a decision of the case conference judge staying a motion to change until outstanding costs have been paid? (Ontario, Canada)
What is the standard of review for findings of fact in a motion to appeal against a finding of unlawful imprisonment? (Ontario, Canada)
In what circumstances will a plaintiff be awarded damages for false arrest, wrongful imprisonment, Charter violation and Charter violation? (Ontario, Canada)
In what circumstances will costs of a motion be awarded on a motion by the Court of Appeal? (Ontario, Canada)
Does the Minister of Justice have a basis to refuse surrender to surrender on the grounds that extradition to the United States is a violation of section 6(1) of the Charter of Charter Rights? (Ontario, Canada)
What is the test for elevated costs of a motion for a motion to amend a motion? (Ontario, Canada)
What is the standard of review for a motion to appeal against a finding by a judge at the Court of Appeal? (Ontario, Canada)
What are the costs of a motion to certify a motion for personal injury? (Ontario, Canada)
What is the test for a stay of execution of a motion for a motion to overturn a finding of not guilty? (Ontario, Canada)
What is the effect of the Minister’s appeal against the interim decision of the Court of Appeal finding that a new Formulary which includes the products of all five drug companies does not need to be included in the Formulaary? (Ontario, Canada)
