SUPERIOR COURT OF JUSTICE - ONTARIO

COURT FILE NO.: Pembroke File FL-03-886
DATE HEARD: Written Submissions

RE: Graham v Graham

BETWEEN: James Graham, Applicant and Sharon Graham, Respondent

BEFORE: Honourable Mr Justice Martin James

COUNSEL:
Beth Goddard for the Applicant

Darwin Yantha for the Respondent

COSTS ENDORSEMENT

[ 1 ] This endorsement deals with the issue of costs arising from the applicant’s motion to reduce the amount of child support payable from $300 per month to $0. The applicant also sought a portion of the Child Tax Benefit.

[ 2 ] The respondent resisted this request and was unsuccessful on the question of whether there was a material change of circumstances. The respondent served an offer agreeing to reduce monthly support to zero which was similar to the award at the hearing where child support was reduced from $300 per month to $100 per month and the applicant received a share of the Child Tax Benefit.

[ 3 ] The applicant has been successful in his application even though his request for a retroactive adjustment to his support obligation was not granted.

[ 4 ] The respondent is entitled to some consideration on the issue of costs because she delivered an offer that was close to the final result. If the offer had been accepted, a portion of the legal costs incurred by both parties could have been avoided. The respondent referred to, but did not provide, a copy of her offer to settle so I do not know what its exact terms were.

[ 5 ] The respondent may be able to deduct some or all of her legal costs for income tax purposes as a support recipient dealing with the motion to change child support.

[ 6 ] In the result the applicant is granted his legal costs fixed in the sum of $1300. plus HST, payable forthwith.

James, J.

DATE: February 14, 2012