Court File and Parties

Court File No.: D71078/14 Date: 2015-12-02

Ontario Court of Justice

Between:

FADUMO JAMA Juliet Mohammed, for the Applicant APPLICANT

- and -

ABDI MOHAMED Acting in Person RESPONDENT

Paulina Sbrocchi, Agent for the City of Toronto, Assignee

Heard: In Chambers

Justice: S.B. Sherr

Costs Endorsement

[1] On November 2, 2015 the court released its decision after a trial that took place over three days. The applicant (the mother) was awarded sole custody of the parties' children with a defined access schedule to the respondent (the father). Income was imputed to the father and he was ordered to pay ongoing child support based on that income. The mother was also awarded retroactive child support of $29,727, payable forthwith.

[2] The court invited written costs submissions. Only the mother made submissions. She seeks costs of $4,520.50.

[3] The court will award the sum sought by the mother for the following reasons:

a) She was the completely successful party at trial. The father had sought a joint custody order, access when he chose and no order for child support.

b) The father's behaviour was unreasonable. He provided incomplete and late financial disclosure. He failed to disclose assets in his financial statement. He took unreasonable positions. Family law litigants are responsible for and accountable for the positions they take in the litigation: See: Heuss v. Surkos, 2004 ONCJ 141.

c) The mother's behaviour was reasonable.

d) The costs claimed by the mother are extremely reasonable and proportionate for a trial that took place over three days. See: Boucher et al. v. Public Accountants Council for the Province of Ontario.

e) The mother restricted her costs claim to the trial step. She did not make any claim for prior court appearances. See: Islam v. Rahman, 2007 ONCA 622.

f) The father can afford to pay the costs as he owns land in Somalia and Ontario.

g) The costs order meets the three objectives of costs set out in Serra v. Serra, 2009 ONCA 395, namely: to partially indemnify successful litigants for the cost of litigation, to encourage settlement and to discourage and sanction inappropriate behaviour by litigants bearing in mind that the awards should reflect what the court views is a fair and reasonable amount that should be paid by the unsuccessful party.

[4] An order shall go that the father pay the mother her costs fixed in the sum of $4,520.50, inclusive of fees, disbursements and H.S.T., payable forthwith.

Released: December 2, 2015

Justice S.B. Sherr