Superior Court of Justice - Ontario

Court File No.: 29099/06
Date: 20120420

RE: HILARY FRANCES BORNER, Applicant

AND:

PIERRE LEONARD, Respondent

BEFORE: GRAY J.

COUNSEL:
Hilary Frances Borner, On Her Own Behalf
Darryl A. Willer, Counsel for the Respondent

COSTS ENDORSEMENT

[ 1 ] In my endorsement, I invited the parties to file written submissions with respect to costs. Those submissions have now been filed.

[ 2 ] The respondent served an offer to settle. One of the options in the offer to settle mirrors the order that I made.

[ 3 ] The respondent requests full indemnity costs in the amount of $2,744.45, inclusive of disbursements and HST.

[ 4 ] It should be noted that the applicant made no financial disclosure, notwithstanding her clear obligation to do so. As a result of her failure to make financial disclosure, I declined to order the respondent to contribute to s. 7 expenses.

[ 5 ] In my view, the respondent is entitled to full indemnity costs in the amount of $2,744.45, as requested. Not only is this result influenced by the offer to settle, it is mandated, in my view, because of the unwarranted refusal of the applicant to make financial disclosure. Indeed, during the argument of the motion I inquired of the applicant as to whether she intended to make financial disclosure. She declined to answer my inquiry.

[ 6 ] For the foregoing reasons, the applicant will pay costs fixed in the amount of $2,744.45, all-inclusive, payable forthwith.

GRAY J.

Date: April 20, 2012