SUPERIOR COURT OF JUSTICE - ONTARIO

COURT FILE NO: 95-MP-217417
DATE: 20130306

RE: Margaret Joan Carter
Applicant

• and -

Michael George Somers
Respondent

BEFORE: The Honourable Mr. Justice Kevin Whitaker

COUNSEL:
Michelle Roy, for the Applicant
Adela Crossley, for the Respondent

E N D O R S E M E N T

Re COSTS

[1] This matter was a Motion to Change, filed by the applicant. It was settled on a full and final basis in a conference before me on February 13, 1013.

[2] The parties agreed to make written submissions to me on the issue of costs.

[3] I have reviewed the written submissions and have considered the offers to settle, the various positions taken by the parties during the course of this litigation and the estimated costs.

[4] The parties agree the most significant factors, which should guide the exercise of my discretion to award costs, are the reasonable expectations of the parties and the principle of proportionality.

[5] In my view, the parties are fairly equally responsible for the manner in which this litigation was managed and there was in the outcome equal success.

[6] In the circumstances no costs will be ordered.

Whitaker J.

DATE: March 6, 2013