SUPERIOR COURT OF JUSTICE - ONTARIO

Court File No.: FS-11-637
Date: 2012/06/21

RE: Grant Martin Johnson

-and-

Jennifer Johnson

Before: Justice D.A. Broad

Counsel:
Howard Staats, for the Applicant

Sharon J. Binning, for the Respondent

Date Heard: May 16, 2012

ENDORSEMENT ON COSTS

[ 1 ] Counsel for the parties have each made written submissions on the costs of the motion respecting temporary custody and access, child support and spousal support.

[ 2 ] The Respondent argues that she was successful on each of the components of the disposition and accordingly is entitled to costs. She seeks costs on a full recovery basis of $10,736.88, inclusive of HST, or in the alternative, on a partial indemnity basis in the sum of $9,581.23, inclusive of HST.

[ 3 ] Rule 24(1) of the Family Law Rules provides that there is a presumption that a successful party is entitled to the costs of a motion. The Respondent’s general position with respect to custody and the imputation of income to the Applicant for the purposes of child and spousal support did prevail, however not to the full extent sought. The Respondent may therefore be considered to be the successful party for the purposes of Rule 24(1).

[ 4 ] I find that there was nothing in the way the Respondent conducted herself in the proceeding which would displace the presumption of entitlement to costs set forth in the Rule. Although the Respondent’s Offer to Settle was made early and more closely reflected the outcome that did that of the Applicant, the condition in Rule 18(14) 5 was not met, and accordingly full recovery costs would not be applicable by that Rule.

[ 5 ] Although it is apparent that counsel for the Respondent spent 37 hours in preparation for and attendance on the motion, at the end of the day the Court’s job is to make a costs award which would reflect what a losing party would reasonably expect to pay for costs of the step in the proceeding under consideration. In this case the motion was argued in one-half of a day. I would find that a losing party in a case like this would reasonably expect to be responsible for a time involvement on the part of counsel for the winning party in the range of not more than 20 hours.

[ 6 ] In the exercise of my discretion with respect to costs, it is ordered that the Applicant pay costs to the Respondent in the sum of $ 6,550.00 inclusive of disbursements and HST, such payment to be made within 30 days hereof.

Broad J.

DATE: June 21, 2012