Court File and Parties

Court File No.: FC-10-1205
Date: 20120423
Superior Court of Justice - Ontario

Re: Sandra Hartley, Applicant

And:
George Quehl, Respondent

Before: Madam Justice J. Mackinnon

Counsel:
Melody Loubert, for the Applicant
George Quehl, Self-represented

Heard: (By written submissions)

Costs Endorsement

[ 1 ] On March 28, 2012 I made a final order on consent and reserved the issue of costs of the motion for written submissions. These were received from the Applicant but the Respondent made no reply.

[ 2 ] The bill of costs of the Applicant amounts to $7,209.91 inclusive of fees, disbursements and HST on a full indemnity basis. Other than provide the bill of costs the Applicant did not provide any explanation for the amount sought or as to why the Respondent should pay costs on a full indemnity basis.

[ 3 ] The motion was for an order for the sale of the matrimonial home and specifying the distribution of the proceeds.

[ 4 ] It required preparation of an affidavit and a factum with authorities. The Applicant was successful and is entitled to costs. The motion was required because the Respondent would not consent in advance of the motion being served.

[ 5 ] These factors entitle the Applicant to costs in the high end of partial recovery and they are fixed at $5,500 all inclusive.

Madam Justice J. Mackinnon

Date: April 23, 2012

COURT FILE NO.: FC-10-1205

DATE: 20120423

ONTARIO SUPERIOR COURT OF JUSTICE RE: Sandra Hartley, Applicant AND George Quehl, Respondent BEFORE: Madam Justice J. Mackinnon COUNSEL: Melody Loubert, for the Applicant George Quehl, Self-represented ENDORSEMENT Madam Justice J. Mackinnon

Released: April 23, 2012