SUPERIOR COURT OF JUSTICE - ONTARIO
COURT FILE NO.: FS-08-64289-00
DATE: 2012-06-19
RE: Eddy Mudronja v. Marijana Mudronja
BEFORE: Van Melle J.
COUNSEL:
Kelvin Ford, for the Applicant
Pathik Baxi, for the Respondent
C O S T S E N D O R S E M E N T
[ 1 ] There were no Offers to Settle made in connection with these motions. Eddy says he did not make an Offer because the relief sought by the Respondent was so clearly unreasonable that no Offer to Settle other than a consent to dismissal would have made any sense, and, in addition, would have been an Offer that would never have been accepted.
[ 2 ] With all due respect, the fact that an Offer might not be accepted is no reason not to make an Offer. A reasonable Offer to Settle is a major consideration when deciding whether costs are awarded and if so, the scale of a costs award.
[ 3 ] I agree with Eddy that some of Marijana’s claims were unreasonable. By way of example, to claim an advance payment of $400,000.00 when she had already received an advance which under normal circumstances should have been sufficient to fund the valuation, is clearly overreaching. However, I did award Marijana an advance of $100,000.00, so she did achieve partial success.
[ 4 ] I am not going to analyze and compare each party’s success and lack thereof on the Motions. Both parties achieved some success in their positions. Neither party’s success was of such a nature as to entitle him or her to costs in the absence of an Offer.
[ 5 ] There will be no Order as to Costs.
VAN MELLE J.
DATE: June 19, 2012
COURT FILE NO.: FS-08-64289-00
DATE: 2012-06-19
SUPERIOR COURT OF JUSTICE - ONTARIO RE: Eddy Mudronja v. Marijana Mudronja BEFORE: Van Melle J. COUNSEL: Kelvin Ford, for the Applicant Pathik Baxi, for the Respondent COSTS ENDORSEMENT Van Melle J.
DATE: June 19, 2012