SUPERIOR COURT OF JUSTICE - ONTARIO
COURT FILE NO.: FS-12-1126-00
DATE: 2012-09-18
RE: DAWN LEONE STRONG and ANTHONY CAMERON STRONG
BEFORE: Thomas A. Bielby J.
COUNSEL:
Malerie Rose, for the Applicant
Sidoney L. Howden, for the Respondent
COST ENDORSEMENT
[ 1 ] On August 10, 2012, the court heard two motions, one brought by each of the parties.
[ 2 ] In terms of success, I conclude the applicant was the more successful of the two. She obtained spousal and child support but did not receive an amount of interim disbursement, while the respondent was given access to Connor, subject to Connor’s wishes. The divorce was severed from the corollary relief claim. I did not order the matrimonial home sold.
[ 3 ] I have reviewed the applicant’s offer to settle support claim, dated July 17, 2012, which included special expense payment benefits and life insurance, matters not dealt with on the motion. The offer called for an interim disbursement order of $50,000.00, which was not granted.
[ 4 ] The applicant obtained more spousal support than set out in the offer, but less child support.
[ 5 ] I find that the applicant, while particularly successful, did not meet or exceed her offer. The terms of her offer were not severable.
[ 6 ] With respect to the issues of conduct and bad faith, on an interim motion these issues are difficult to determine, so they do not play a factor in this order.
[ 7 ] With respect to the respondent’s motion, I have reviewed the applicant’s offer in that regard. I note it was much more comprehensive than my order. Costs are to be awarded to the applicant, keeping in mind a division of success, on a partial indemnity basis.
[ 8 ] The costs to be awarded are broken down as follows:
Description
Amount
Fee
$5,500.00
HST
715.00
Disbursements
677.90
HST
88.13
TOTAL
$6,981.03
[ 9 ] It is ordered that the respondent pay to the applicant her costs with respect to the two motions in the amount of $6,981.03, all inclusive, to be paid within 90 days.
Thomas A. Bielby J.
DATE: September 18, 2012
COURT FILE NO.: FS-12-1126-00
DATE: 2012-09-18
SUPERIOR COURT OF JUSTICE - ONTARIO RE: DAWN LEONE STRONG and ANTHONY CAMERON STRONG BEFORE: Thomas A. Bielby J. COUNSEL: Malerie Rose, for the Applicant Sidoney L. Howden, for the Respondent COST ENDORSEMENT Thomas A. Bielby J.
DATE: September 18, 2012