COSTS ENDORSEMENT

COURT FILE NO.: FC-00-1655-0003
DATE: 20120202
SUPERIOR COURT OF JUSTICE - ONTARIO

RE: Heather Louise Muir, Applicant

AND:
Frederick Daniel Lang, Respondent

BEFORE: OLAH, J.

COUNSEL:
Raymond A. Goddard, for the Applicant
Frederick Daniel Lang – self-represented

HEARD: November 21 and 22, 2011

COSTS ENDORSEMENT

[ 1 ] The Respondent Father brought a Motion to Change dated November 3, 2010 against the Applicant Mother seeking to terminate the consent order of Justice Rowsell dated July 25, 2006 with respect to ongoing child support retroactive to January 2009 and an order terminating the Father’s obligation to fund an RESP effective July 25, 2006.

[ 2 ] The Applicant Mother was wholly successful in the proceeding and pursuant to Rule 24 is entitled to costs.

[ 3 ] The Applicant Mother’s counsel argues that pursuant to Rules 24(5)(7)(8) and (11) the Applicant Mother be awarded substantial recovery costs because the Respondent’s conduct at the trial was not exemplary. His incomplete production and choice not to call corroborative witnesses contributed to his lack of success. But, this inaction did not rise to the level of bad faith.

[ 4 ] Further, the successful Applicant Mother made no offer to settle. Accordingly, she shall receive partial recovery of her costs.

[ 5 ] Having reviewed the Applicant Mother’s counsel’s bill of costs, I find that the bill of costs is reasonable; however, Applicant Mother’s counsel did not separate the costs of the Trial Management Conference from the other conferences; nor did he confirm the time spent at the Trial Management Conference such that I am not in a position to award costs for the attendance at the Trial Management Conference.

[ 6 ] Therefore, I include the following in the Applicant Mother’s costs:

(1) the preliminary matter in the amount of $1,462,

(2) the responding materials in the amount of $1530,

(3) the preparation for trial in the amount of $6120,

(4) counsel fees for trial in the amount of $3740,

(5) the bill of costs in the amount of $1360,

(6) for a total of $14,221.

[ 7 ] As the Applicant Mother is entitled to partial recovery, or 66% of full recovery, the Respondent Father shall pay to the Applicant Mother costs the sum of $9385.86, together with HST (13%) of $1220.16, and disbursements of $671 for a total of $11,277.02.

[ 8 ] These costs shall be enforceable by the Family Responsibility Office (FRO).

[ 9 ] SDO to issue.

OLAH, J.
Date: February 2, 2012