ONTARIO
SUPERIOR COURT OF JUSTICE
COURT FILE NO.: 06-FL-450-1
DATE: 2012/11/14
BETWEEN:
Carol Ann Sutcliffe Benson Applicant – and – Maynard George Benson Respondent
Lisa Sharp, for the Applicant
Philip W. Augustine, for the Respondent
HEARD: (By written submissions)
DECISION ON COSTS
McNAMARA J.
[ 1 ] I have now had the opportunity to review the submissions on costs.
[ 2 ] The decision of the Court on this motion makes it clear that in my view, for the reasons given, relevant to all areas of relief sought by the Applicant on her motion and the Respondent on his counter motion, is a determination whether or not and/or to what extent the Respondent has complied with the equalization payment ordered by Mackinnon J. at the trial of this action.
[ 3 ] That issue has arisen previously on this file. Most recently, over two years ago, it was a central issue on a motion in front of Ray J. of this court, and he, in consequence, directed that a reference be conducted by the Master after the Respondent’s discharge in bankruptcy in order to determine the unpaid value of any net equalization payment.
[ 4 ] Neither party took any steps to arrange that reference.
[ 5 ] On the motion before me I ordered that the reference be done because, in my view, until that occurs the Court will be unable to make a proper determination on the vast majority of the issues. That determination will, in turn, demonstrate who has been successful in this proceeding.
[ 6 ] In those circumstances, in exercising my discretion as to costs, I direct they be deferred to be dealt with by the Court once the reference has been completed.
The Hon. Mr. Justice James McNamara
Released: November 14, 2012
COURT FILE NO.: 06-FL-450-1
DATE: 2012/11/14
ONTARIO SUPERIOR COURT OF JUSTICE BETWEEN: Carol Ann Sutcliffe Benson Applicant – and – Maynard George Benson Respondent DECISION ON COSTS McNamara J.
Released: November 14, 2012