Tsambalieros v. Tsambalieros, 2016 ONSC 4403

Court File and Parties

Citation: Tsambalieros v. Tsambalieros, 2016 ONSC 4403 Divisional Court File No.: 603/15 Date: 2016-07-04 Superior Court of Justice – Ontario Divisional Court

Re: Evelyn Tsambalieros, Applicant/Responding Party And: John Tsambalieros, Respondent/Moving Party

Before: Stewart J.

Counsel: Shelly Kalra, for the Responding Party Lorne Gershuny, for the Respondent

Heard at Toronto: In Writing

Endorsement

1In my decision of March 17, 2016 I invited the parties to deliver submissions on costs in writing, if that subject could not be agreed upon by them.

2I now have received submissions from Evelyn Tsambalieros who seeks costs of the motion for leave to appeal as she was successful in the result which was a dismissal of the motion for leave to appeal. She seeks her full indemnity costs of $6,927.75. No submissions have been made by John Tsambalieros.

3I am of the view that Evelyn, as the successful party, is entitled to an award of costs.

4Evelyn refers in her submissions to an offer by her to settle the motion served on December 7, 2015 on the basis of a dismissal without costs. That offer was not accepted by John.

5This motion for leave to appeal was made in writing and therefore no court attendance was required. The issues raised were quite straightforward.

6When the submissions and all of the factors affecting an award of costs are considered, including the principle of proportionality, I consider an appropriate amount to award Evelyn for her costs is $5000.00 inclusive of disbursements and all applicable taxes. Accordingly, John shall pay that amount to Evelyn within 30 days of the date of this endorsement.

7These costs shall be enforced as child support, being the issue involved in the motion, so that the Family Responsibility Office can enforce the order.

Stewart J.