Court File and Parties
Court File No.: 133/11
Date: 2012-06-18
Superior Court of Justice – Family Court
Re: Paul Douglas McFarlane, Applicant
And: Susan Elisabeth McFarlane, Respondent
Before: The Honourable Mr. Justice M. D. Parayeski
Counsel:
Drew Bowyer, Esq., Counsel for the Applicant
David J. Sherman, Esq., Counsel for the Respondent
Released: June 18, 2012
Ruling on Costs
[ 1 ] I released reasons on May 15 th , 2012 and called for written submissions on costs in the event that the parties were unable to agree. This is my ruling relative to the hearing before me on May 8 th , 2012. That hearing was intended to address two motions. The parties presented minutes of settlement relative to the first such motion, and proceeded to argue most of the issues contained within the second.
[ 2 ] The respondent was largely successful. The applicant acknowledges that, but argues that costs should be very limited largely, as I read his submissions, because the relief granted in respect to spousal support was given on an interim, interim basis. He suggests that the costs in question are more properly dealt with by the judge hearing a motion for interim relief. I reject that. I see no reason why the respondent should be denied her costs at this time.
[ 3 ] Based upon the written submissions and my review of the relevant Rules, the respondent is entitled her costs, on the partial indemnity scale only, for what was done before me. Unfortunately, her counsel’s bill of costs does not adequately differentiate between preparation for those issues which became the subject matter of the minutes of settlement (and for which it was agreed that no costs were payable) and attendances for the matters in respect of which I heard argument. Accordingly, I am obliged to endeavour to separate the two.
[ 4 ] An appropriate figure in respect of the costs of the hearing before me, on the scale referred to above, is $2,000.00 all-inclusive. The applicant shall pay the respondent her costs fixed in that amount forthwith.
The Honourable Mr. Justice M. Dale Parayeski
Date: June 18, 2012