SUPERIOR COURT OF JUSTICE - ONTARIO
COURT FILE NO.: FC-09-3167
DATE: 20130227
RE: Dongxia Wang, Applicant
- and –
Gangjie Song, Respondentnt
BEFORE: Hackland R.S.J.
COUNSEL:
Katherine A. Cooligan, for the Applicant
Gil D. Rumstein, for the Respondent
costs ENDORSEMENT
[1] The respondent husband claims his costs of this proceeding in the sum of $42,500. Following an 8 day trial, the husband was successful on essentially all of the issues dealt with at trial. Furthermore, the respondent made an offer to settle prior to the trial and subsequently obtained a result more favourable than his offer as to all the essential issues.
[2] I am prepared to reduce the amount claimed by $1,875 in relation to the settlement conference before Kershman J. and $1,000 in relation to the settlement conference before Beaudoin J.
[3] The respondent points out that the applicant’s trial counsel spent an inordinate time examining the applicant and cross-examining the respondent on the history of the parties relationship in China and the parties financial contributions and conduct during the years of their marriage. There was no question that this fruitless endeavour unnecessarily prolonged the trial. On the other hand, it was the respondent husband who initially raised the issue of spousal support on a compensatory basis due to his allegedly assuming the bulk of the child rearing while the parties lived in China, a proposition that I found to be unsupported by any evidence.
[4] I recognize that due to the respondent husband’s illness, the applicant has and continues to have to assume the carrying costs of the matrimonial home, the support of the party’s daughter who is pursuing university studies and now spousal support for the respondent. I choose to give due weight to this difficult scenario in assessing the quantum of costs which the applicant should reasonably expect to pay in the circumstances.
[5] In the result I fix the costs of the respondent in the sum of $30,000 plus HST in the sum of $390 and disbursements as claimed in the sum of $7,460 plus HST of $101.43, which sum is to be paid by the applicant to the respondent out of the applicant’s share of the proceeds of the matrimonial home.
Mr. Justice Charles T. Hackland
Released: February 27, 2013
COURT FILE NO.: FC-09-3167
DATE: 20130227
SUPERIOR COURT OF JUSTICE - ONTARIO
Dongxia Wang
- and –
Gangjie Song
COSTS ENDORSEMENT
HACKLAND R.S.J.
Released: February 27, 2013