Madhulika Dutt

This endorsement addresses the costs of a previous motion where the Applicant sought security for costs.

The Applicant was partially successful on the original motion, being awarded $25,000 out of a requested $50,000.

The Applicant sought $4,386.43 in costs on a partial indemnity scale, while the Respondent argued against any costs award.

The court awarded the Applicant $4,000 in costs, reducing the amount slightly to reflect the Applicant's partial success on the underlying motion.

The court rejected the Respondent's arguments that the costs award would be punitive or that the application should be dismissed or costs reserved.

The applicant wife brought a motion for security for costs against the respondent husband in a family law proceeding.

The husband had made numerous claims in his Answer, including requests for witnesses to testify about a criminal matter for which he had also commenced a separate civil action.

The court found that many of the husband's claims were a waste of time or a nuisance and that he had no assets in Ontario.

The court granted the motion and ordered the husband to post $25,000 as security for costs.

The applicant sought child support for her son Lukas from the respondent father.

The central issue was determining the respondent's annual income for child support purposes.

The respondent, a self-employed plumber, declared minimal income of approximately $9,744 annually while maintaining expenses of $55,674 and paying $665 monthly in child support for another child.

The court found this financial picture implausible and drew an adverse inference that the respondent was earning substantially more than declared.

The court imputed annual net income of $45,000 based on the respondent's prior employment history and current lifestyle, resulting in monthly child support of $418 and arrears of $14,186.