Court File and Parties
DIVISIONAL COURT FILE NO.: 435/15
SUPERIOR COURT OF JUSTICE – ONTARIO
DIVISIONAL COURT
RE: HEIDEE SPIEGEL, Applicant
AND:
DAVID ZIGELSTEIN, Respondent
BEFORE: M.A. SANDERSON J.
COUNSEL: Elliot Birnboim, for the Applicant
Stephen M. Grant, Melanie Battaglia, for the Respondent
HEARD at Toronto: In Writing
COSTS ENDORSEMENT
1On December 7, 2015, I released reasons dismissing the applicant’s motion for leave to appeal.
2This endorsement addresses costs of the motion.
3Counsel for Ms. Spiegel submitted that if she were unsuccessful on the motion, no costs should be ordered. If successful, costs of $750 should be ordered.
4Ms. Spiegel was unsuccessful on the motion.
5Counsel for Mr. Zigelstein submitted that Ms. Spiegel’s motion was meritless and improperly brought.
6Under s131 of the Courts of Justice Act, Rule 57.01, Rule 57.03(1) and Rule 24 of the Family Law Rules, in my view a costs order against Ms. Spiegel is warranted.
7The issues on the motion did not transcend the interest of the parties. Given that the motion for leave was heard after the case conference was held, the issues were no longer highly important, even to the parties themselves.
8Total fees and disbursements sought on a substantial indemnity basis were $3,504.13 and on a partial indemnity basis were $2,704.66.
9Although the motion was unsuccessful, I am not convinced that Ms. Spiegel’s actions were such as to warrant substantial indemnity costs.
10In all the circumstances therefore, I award costs of $2,500 on a partial indemnity basis.
M.A. SANDERSON J.
Date: March 24, 2016