SUPERIOR COURT OF JUSTICE - ONTARIO
COURT FILE NO.: FS-10-1530-00
DATE: 2012-09-18
RE: ELIZABETH XIDIS and MICHAEL XIDIS
BEFORE: Thomas A. Bielby J.
COUNSEL: Stephen J. Codas, for the Applicant
Michael Xidis, Self-Represented
COST ENDORSEMENT
[ 1 ] My endorsement as to custody and access was released on July 3, 2012, following a motion heard June 22, 2012.
[ 2 ] In my endorsement, I indicated I would accept written costs submissions of no more than five pages in length. To say the least, the submission limitation was exceeded by both.
[ 3 ] The order granted custody of the children to the applicant and access to the respondent.
[ 4 ] The applicant seeks costs of $14,185.00 for the long motion on a full indemnity basis.
[ 5 ] The applicant served an offer to settle on March 28, 2012. The offer essentially includes and, in parts, exceeds the term of my order. It is certainly more comprehensive.
[ 6 ] The respondent submits that all he wanted was access, to cement the access schedule he had fought for. Yet the access he wanted was in the offer.
[ 7 ] The applicant was successful and, at least, met the terms of the offer.
[ 8 ] I am not prepared to make any findings of bad faith. There is no sworn evidence before me in that regard and the submissions of counsel do not lead me to a finding of bad faith.
[ 9 ] The applicant will be awarded her costs. I will award her costs on a full indemnity basis, all inclusive, of $11,413.11, being the legal costs incurred after the offer of settlement. Anything before that, including the costs surrounding draft Minutes of Settlement, I deem to be related to settlement discussion and decline to incorporate these costs.
[ 10 ] It is ordered that the respondent pay to the applicant costs related to the custody/access issues in the amount of $11,413.11, all inclusive, said costs to be paid within 120 days.
Thomas A. Bielby J.
DATE: September 18, 2012
COURT FILE NO.: FS-10-1530-00
DATE: 2012-09-18
SUPERIOR COURT OF JUSTICE - ONTARIO RE: ELIZABETH XIDIS and MICHAEL XIDIS BEFORE: Thomas A. Bielby J. COUNSEL: Stephen J. Codas, for the Applicant Michael Xidis, Self-Represented COST ENDORSEMENT Thomas A. Bielby J.
DATE: September 18, 2012