SUPERIOR COURT OF JUSTICE - ONTARIO

COURT FILE NO.: C-978-11
DATE: 2012-07-12

RE: Gorden James Johnsen, Applicant

AND:

Cheryl Ann Johnsen, Respondent

BEFORE: The Honourable Mr. Justice R. D. Reilly

COUNSEL:
Richard M. Van Buskirk, for the Applicant
Amy Preistly, for the Respondent

Costs ENDORSEMENT

[ 1 ] The respondent was wholly successful on the application; the application was dismissed. In the normal course, the respondent should be entitled to her costs. The issue raised by the applicant was unique. Counsel were unable to cite any jurisprudence directly on point. Yet it could not be said that the application was frivolous or unreasonable. Therefore, in my view, the successful respondent should be limited to costs on a partial indemnity scale. Having examined the Bill of Costs, I direct the applicant shall pay costs to the respondent set at $2,900.00 inclusive of disbursements and taxes. Costs are payable forthwith.

R. D. Reilly J.

Date: July 12, 2012