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
1This 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.
2The parties agreed to make written submissions to me on the issue of costs.
3I 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.
4The 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.
5In 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.
6In the circumstances no costs will be ordered.
Whitaker J.
DATE: March 6, 2013