Elizabeth Xidis v. Michael Xidis, 2012 ONSC 5203

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

1My endorsement as to custody and access was released on July 3, 2012, following a motion heard June 22, 2012.

2In 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.

3The order granted custody of the children to the applicant and access to the respondent.

4The applicant seeks costs of $14,185.00 for the long motion on a full indemnity basis.

5The 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.

6The 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.

7The applicant was successful and, at least, met the terms of the offer.

8I 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.

9The 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.

10It 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.