SUPERIOR COURT OF JUSTICE – ONTARIO

COURT FILE NO.: 45307-11
DATE: 2012-12-06

RE: Lucilia Maria Garcia King

and

Darryl Joseph King

BEFORE: The Honourable Mr. Justice P.J. Flynn

COSTS ENDORSEMENT

[ 1 ] In my ruling of October 4, 2012, I required the Applicant to deliver her costs submissions by October 19, 2012. They arrived by fax at my chambers on October 20, 2012.

[ 2 ] The Respondent was required to deliver his costs submissions by October 31, 2012. To date, none have been delivered.

[ 3 ] The Applicant seeks costs in an amount equal to 70 per cent of her $4854.77 Bill of Costs, or $3398.34.

[ 4 ] In my ruling I wrote this:

There has been some success for the Applicant here though not the success she sought. (she had asked for an advance of $250,000 and I granted $50,000) That must be reflected in any cost award that I make.

[ 5 ] The Applicant achieved one-fifth of what she sought.

[ 6 ] Her Bill of Costs shows a full indemnification amount of $4854.77.

[ 7 ] I would award one-fifth of her partial indemnity costs ($3400), so I fix the Applicants costs, all inclusive, at $680. These costs are payable by the Respondent forthwith.

P.J. Flynn J.

Released: December 6, 2012