ONTARIO

SUPERIOR COURT OF JUSTICE

COURT FILE NO.: D20247/06
DATE: 2012-01-16

B E T W E E N:

Rebecca Suzanne Porcino, formerly known as Rebecca Suzanne Hudson

Kevin H. Robins, for the Applicant

Applicant

• and -

Peter William Hudson

Peter William Hudson, Self-represented

Respondent

HEARD: January 4, 2012

The Honourable Mr. Justice B.H. Matheson

ENDORSEMENT

[ 1 ] This matter deals solely with the issue of costs.

[ 2 ] On December 15, 2011, for reasons given at that time, the pleadings of the respondent were struck.

[ 3 ] Mr. Hudson stated at that time that he did not wish to exercise any rights that he may have to access to his children.

[ 4 ] This matter had been before the courts approximately 15 times.

[ 5 ] In the endorsement I made on December 15, 2011, I adjourned the matter of costs until January 4, 2012 to allow Mr. Hudson an opportunity to retain counsel to deal with the issue of costs.

[ 6 ] Mr. Hudson did not retain counsel for the costs hearing.

[ 7 ] The hearing on costs took approximately 10 minutes. Mr. Hudson relied on Rule 24(10) of the Family Law Rules .

[ 8 ] That subsection reads as follows:

“Promptly after each step in the case, the judge or other person who dealt with that step shall decide in a summary manner who, if anyone, is entitled to costs, and set the amount of costs.”

[ 9 ] I did not deal with the question of costs on December 15 in order to allow Mr. Hudson the opportunity to obtain counsel. Mr. Robins had provided a Bill of Costs at that time. It exceeded some $10,000.

[ 10 ] The Bill of Costs dealt with the issue of access. There was much time spent in preparing for the trial, which never occurred.

[ 11 ] A review of the Bill of Costs indicates, as I have stated, much preparation. Mr. Robins is well known to this Court, having been called to the Bar in 1984. His major area of practice is in the area of family law.

[ 12 ] I have reviewed this file that was started in 2009. It would appear that the respondent was not prepared to resolve the issue.

[ 13 ] I am dealing only with the Bill of Costs from January 27, 2011. I find that there was no opportunity for a judge to assess costs in the manner set out in Rule 24(10).

[ 14 ] In a review of the file and assessing its degree of difficulty, I find that it was not a complicated matter and could have been dealt with much sooner. However, it would appear that Mr. Hudson was doing everything to lengthen the time spent on the file.

[ 15 ] Therefore, I am awarding costs to the applicant and fixing the costs at $8,500 inclusive of disbursements and HST. This will be paid by the respondent within 45 days of the release of this order .

Matheson, J.

Released: January 16, 2012

COURT FILE NO.: D20247/06

DATE: 2012-01-16

ONTARIO SUPERIOR COURT OF JUSTICE B E T W E E N: Rebecca Suzanne Porcino, formerly known as Rebecca Suzanne Hudson Applicant - and – Peter William Hudson Respondent ENDORSEMENT Matheson, J.

Released: January 16, 2012