Margaret Leslie Newell v. Peter Allen, 2012 ONSC 7194

Court File and Parties

Court File No.: FC-11-1267
Date: 20121217
Superior Court of Justice - Ontario

Re: MARGARET LESLIE NEWELL, Applicant

And

PETER ALLEN, Respondent

Before: J. Mackinnon J

Counsel:
Philip W. Augustine, for the Applicant
Gary Steinberg, for the Respondent

Heard: By Written Submissions

Endorsement regarding costs

1The respondent was awarded costs of the motion in an amount to be determined after receipt of written submissions. He is asking $7,725.00 in costs, all inclusive.

2I find this amount excessive having regard to the fact that he made no offer to settle the motion. In addition, the applicant did make an offer. She offered to return the engagement ring in return for a dismissal of the balance of the motion. In my view, this offer called for a reply. The respondent says the nature of the relief sought did not allow for a compromise. I do not agree. He could have countered by offering to accept the ring and to proceed on the remaining issue, or by proposing a reduced amount of security. The importance of offers in family law cases is well known, not only as an important factor with respects to costs; but in addition, as an important tool in narrowing and settling issues.

3For these reasons, I accept the applicant’s submissions on costs and fix them at $3,000.00, all inclusive.

J. Mackinnon J