Citation and Court Information
CITATION: Watt v. Howe, 2017 ONSC 14
DIVISIONAL COURT FILE NO.: 16-2258 (Ottawa)
DATE: 2017/01/03
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
AITKEN J.
BETWEEN:
CLORIES SHANTELLE WATT Respondent (Appellant)
– and –
GRAHAM COURTNEY HOWE Applicant (Respondent)
Balsam Bashi, for the Respondent (Appellant)
Carolyn Shelley, for the Applicant (Respondent)
HEARD: December 23, 2016
ENDORSEMENT
[1] Counsel sought clarification as to whether the order to stay I granted in this matter on November 30, 2016 (Watt v. Howe, 2016 ONSC 7405) pending an appeal to the Divisional Court included a stay of any further proceedings to be taken in the Family Branch relating to costs. I heard the submissions of counsel by way of a conference call on December 23, 2016 and clarified that the stay applied to any further steps to be taken in the Family Branch arising out of the endorsements of Robertson J. dated September 22, 2016 and November 9, 2016, and that included making submissions on costs.
[2] In my view, considering the appeal has been perfected and likely will be heard shortly, it would be a more efficient use of court time for the appeal to be heard. If the appeal is successful, any costs award of Robertson J., in all likelihood, would not stand. If the appeal is unsuccessful, written submissions on costs could then be made to Robertson J. I appreciate that, from the point of view of my colleague, Robertson J., it would be preferable for her to deal with costs of the motions as soon as possible following the release of her decisions. However, I am concerned about the expense of the litigation between these parties. The parties are of average means and have already spent considerable sums during the course of this custody dispute. Incurring further legal fees for a step in the proceeding that may prove unnecessary cannot be justified.
Aitken J.
Date: January 3, 2017
CITATION: Watt v. Howe, 2017 ONSC 14
DIVISIONAL COURT FILE NO.: 16-2258 (Ottawa)
DATE: 2017/01/03
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
RE: Watt, Respondent/Appellant
AND
Howe, Applicant/Respondent
BEFORE: Aitken J.
COUNSEL: Balsam Bashi, for the Respondent (Appellant)Counsel, for the
Carolyn Shelley, for the Applicant (Respondent)Counsel, for the
ENDORSEMENT
Aitken J.
Released: January 3, 2017