Superior Court of Justice - Ontario

BARRIE COURT FILE NO.: FC-11-247
DATE: 20121207

RE: JOANNE BETTY DAVIES, Applicant

AND:

JOHN WILLIAM WHITE, Respondent

BEFORE: EBERHARD, J.

COUNSEL:
J.R.J. Herbert, Counsel, for the Applicant
D. Wyjad, Counsel, for the Respondent

HEARD: by written submissions

COSTS ENDORSEMENT

[ 1 ] The Applicant sought:

(a) An Order that the Applicant be granted leave to add the Respondent’s wife – Donna White – as a party respondent to these proceedings.

(b) An Order that the Applicant be granted leave to conduct questioning of Donna White.

(c) An Order that the Applicant be granted leave to amend her Application to include a claim for a constructive and /or equitable trust claim for joint economic enterprise.

[ 2 ] I indicated the parties may address costs by submitting, through the judicial secretary in Barrie, a cost submission of no more than two pages, together with a bill of costs and any offer: Respondent by November 20; Applicant by November 30 and reply by December 5, 2012.

[ 3 ] The Respondent was generally successful in resisting the motion.

[ 4 ] I find no factors to elevate the success to the substantial scale nor to require special orders for the payment of such costs.

[ 5 ] Costs are fixed all in at $6,000 payable by the Applicant to the Respondent.

EBERHARD J.

Date: December 7, 2012