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

[1] In 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.

[2] I 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.

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

[4] Evelyn 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.

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

[6] When 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.

[7] These 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. Date: July 4, 2016