ONTARIO

SUPERIOR COURT OF JUSTICE

COURT FILE NO.: 03-FL-1423 -1
DATE: 20120831

BETWEEN:

MARGOT GROSSMAN Plaintiff – and – SIMON WALL Defendant

Julie J. Gravelle, for the Applicant

Michele D. Blais, for the Respondent

HEARD: In Writing

COSTS ENDORSEMENT

T.D. RAY, J

[ 1 ] The respondent was partially successful in varying the terms of the Cosgrove Order of February 2006. He succeeded in terminating support for Alison, but his motion to vary his spousal support obligation was dismissed.( 2012 ONSC 3624 ) The applicant’s position is that no party should be awarded costs on the ground that the offer was not clearly bettered. The respondent’s position is that he beat his offer of March 1, 2012, and is therefore entitled to full indemnity costs from the date of the offer, and seeks a costs order of $7500.

[ 2 ] There is no doubt that the respondent’s offer of March 1, 2012 was better than the order of June 19, 2012 as it relates to Alison. However, the balance of his relief was dismissed. There is no doubt that the applicant has not complied with Master Roger’s Order for disclosure. However, that disclosure related to the spousal support issue, not the child support issue. Furthermore, it was not the reason why the spousal support issue was dismissed. In the absence of the offer of March 12, 2012, I would have considered the costs issue a saw off as between the parties so as to require a no costs order. However, the written offer was important. It ought to have been taken seriously by the applicant. It was not. Under all of the circumstances, the respondent is entitled to his costs fixed at $1,000.

Honourable Justice Timothy Ray

Released: August 31, 2012

COURT FILE NO.: 03-FL-1423-1

DATE: 20120831

ONTARIO SUPERIOR COURT OF JUSTICE BETWEEN: BETWEEN: MARGOT GROSSMAN Applicant – and – SIMON WALL Respondent COSTS endorsement Honourable Justice Timothy Ray

Released: August 31, 2012