SUPERIOR COURT OF JUSTICE – ONTARIO
COURT FILE NO.: FS-11-3163-00
DATE: 20120404
RE: Tarek El Said Abdou Sabry v. Barbara Monique Loeff
BEFORE: Fragomeni J.
COUNSEL:
Vanassa Richards-Thompson, for the Applicant
Jennifer Gold, for the Respondent
E N D O R S E M E N T re C O S T S
[ 1 ] The Respondent wife seeks costs of the motion and cross-motion on the basis that she was successful and costs should follow the event.
[ 2 ] The wife submits that the husband’s motion would have essentially changed the child’s primary residence from the wife to the husband. The wife’s position at the motion was to increase the husband’s access; have the home sold; the wife wanted access to the home to ensure it is ready for sale as the husband had unilaterally changed the locks and security password; the wife was also requesting $661 per month contribution from the husband toward the child’s childcare expenses.
[ 3 ] The husband submits that there should be no order as to costs. The father argues that the mother was unreasonable and unresponsive throughout and this necessitated the father bringing the motion to get better access.
[ 4 ] I agree with the wife that she was successful at the motion. The wife seeks costs in the total sum of $6,336.48 all inclusive.
[ 5 ] The main issue at this motion related to the child. The father was given more access and the mother was given sole custody.
[ 6 ] The table amount of child support was not a contentious issue. The husband is paying $680 per month on an income of $75,000.00. In addition to that he was ordered to pay $661 for his share of childcare costs.
[ 7 ] The issues surrounding the sale of the home were not contentious. An order was also made that the terms of the order may be re-visited following questioning and the exchange of disclosure.
[ 8 ] I am satisfied that the wife is entitled to some of her cost. I take into account, however, the nature of the issues dealt with and in particular the issues surrounding the child. The father was not successful in his position to change the primary residence of the child or for an order for joint custody. I cannot say, however, that the father was motivated by anything other than a desire to see his child more often and maintain a strong relationship with the child.
[ 9 ] The wife was also successful on the other issues but submissions on those issues did not take up much court time.
[ 10 ] I am also taking into account the financial obligations the father now has as a result of my order. His total monthly support payments for the child is $680 + $661 = $1,341.
[ 11 ] In all of these circumstances I am satisfied that the wife is entitled to a portion of her fees fixed in the all-inclusive sum of $3,000.00. This in my view reflects the success she had in her position at the motion.
Fragomeni J.
DATE: April 4, 2012
COURT FILE NO.: FS-11-3163-00
DATE: 20120404
SUPERIOR COURT OF JUSTICE – ONTARIO RE: Tarek El Said Abdou Sabry v. Barbara Monique Loeff BEFORE: Fragomeni J. COUNSEL: Vanassa Richards-Thompson, for the Applicant Jennifer Gold, for the Respondent ENDORSEMENT re COSTS Fragomeni J.
DATE: April 4, 2012