ONTARIO
SUPERIOR COURT OF JUSTICE
COURT FILE NO.: OO-FL-334-2
DATE: 20120928
BETWEEN:
ALONA SOCHIN Applicant – and – MICHAEL TABATCHNIK Respondent
Kourosh Farrokhzad, for the Applicant.
Steve Duplain, for the Respondent.
HEARD: In writing
COSTS DECISION
T.D.RAY, J
[ 1 ] I dismissed the respondent’s motion for summary judgement seeking to dismiss the applicant’s claim for support on the ground that I was not satisfied there was no genuine issue requiring a trial under rule 16 of the Family Law Rules .( 2012 ONSC 4973 )
[ 2 ] The applicant seeks her costs in the amount of $2500, being the successful party, and says that the costs arrangements require that her counsel charge considerably less than his usual hourly rate. The respondent says the order should be for no costs. He advances two reasons: firstly that the motion for summary judgement had the effect of narrowing the issues which would not have occurred had his motion not been brought; and secondly that the applicant had a motion for interim support which she abandoned at the beginning of the motion. I have no notes and no record of the motion for interim support. I suggest that both of these arguments be brought to the attention of the trial judge after trial of the issue in the context of costs of the proceeding.
[ 3 ] Rule 24(1) of the Family Law Rules provides that ordinarily the unsuccessful party should be ordered to pay the costs of the successful party. This rule is particularly important when dealing with summary judgement motions because of the anticipated large volume of work involved. While summary judgement motions are to be encouraged, they must not be undertaken lightly. The penalty is costs. I see no reason in this case not to award the applicant her costs. I consider the applicant’s costs in the amount of $2500 inclusive of disbursements and HST to be reasonable.
[ 4 ] The respondent is therefore ordered to pay the applicant her costs of the motion fixed at $2500 inclusive of disbursements and HST.
Honourable Justice Timothy Ray
Released: September 28, 2012
COURT FILE NO.: OO-FL-334-2
DATE: 20120928
ONTARIO SUPERIOR COURT OF JUSTICE BETWEEN: ALONA SOSCHIN Applicant – and – MICHAEL TABATCHNIK Respondent Costs decision Honourable Justice Timothy Ray
Released: September 28, 2012