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
1In 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.
2The Respondent was required to deliver his costs submissions by October 31, 2012. To date, none have been delivered.
3The Applicant seeks costs in an amount equal to 70 per cent of her $4854.77 Bill of Costs, or $3398.34.
4In 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.
5The Applicant achieved one-fifth of what she sought.
6Her Bill of Costs shows a full indemnification amount of $4854.77.
7I 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