Court File and Parties

Citation: Laurin v. Martin, 2008 ONCA 512

Date: 20080624

Docket: C48240

Court of Appeal for Ontario

Before: BLAIR, JURIANSZ and EPSTEIN JJ.A.

Between:

JANETTE SOPHIE LAURIN Applicant (Respondent in Appeal)

and

JOHN ERNEST MARTIN Respondent (Appellant in Appeal)

Counsel: John Martin for himself Janette Sophie Laurin for herself

Heard: June 24, 2008

On appeal from the order of Justice J. Brennan of the Superior Court of Justice dated December 19, 2007.

Appeal Book Endorsement

[1] That portion of the order of Brennan J. requiring Mr. Martin to make his support payment to the Family Responsibility Office is interlocutory and this court does not have jurisdiction to deal with it. An appeal from that portion of the order lies to the Divisional Court with leave. The appeal from that portion of the order of Brennan J. is therefore quashed, without prejudice to Mr. Martin moving before the Divisional Court if so advised.

[2] The appeal from Brennan J.’s order as to costs is dismissed. An order as to costs in discretionary and, although the usual disposition is that a successful party is entitled to costs, there are occasions where judges properly decline to make such an order. In this case it is not clear that Mr. Martin was 100% successful on the motion, since one of the principal basis for Ms. Laurin’s opposition to the Cuba trip was her allegation that Mr. Martin was not properly making his support payments. We see no error in the exercise of Justice Brennan’s order with respect to costs. The appeal as to costs is dismissed.

[3] Mr. Laurin is entitled to her costs of this appeal, together with the appeal in Court File # C48239, fixed in the total amount of $500.00, all inclusive.