ONTARIO
SUPERIOR COURT OF JUSTICE
COURT FILE NO.: 717-2012
DATE: 2013/03/27
BETWEEN:
PATRICIA LALONDE
Applicant
– and –
NORMA MOORE, ALLEN MOORE, PAUL SMITH, KRISTINE SMITH (NÉE MENARD), PATRICK JASON MENARD, KARINA MENARD and the ESTATE OF THE LATE LOUIS PATRICK MENARD
Respondents
Gerald E. Langlois, for the Applicant
Julie Guindon, for the Respondents
HEARD: By Written Submissions
DECISION ON COSTS
M. Linhares de Sousa J.
[1] I have now had the opportunity of examining the parties’ written submissions on costs in this motion in which the sole issue was the determination of whether the Applicant, Ms. Lalonde, could be found to be a spouse within the meaning of the Succession Law Reform Act, R.S.O. 1990, s. S.26, as am. Ms. Lalonde was completely successful on this legal issue. The issue was not an overly complex one, in essence one grounded on the facts of this case, but one that did entail an examination of some jurisprudence. The issue was clearly important to the parties to this case.
[2] No offers to settle from any of the parties were brought to my attention.
[3] I had no evidence before me to conclude that any of the parties behaved unreasonably or in bad faith. In fact the parties were quite diligent in seeking to conduct the proceedings in as efficient a way as possible by defining and agreeing to resolve the preliminary issue that might lead to ultimate and final settlement of this matter.
[4] I have considered the respective bills of costs presented by both counsel for the motion which are reasonable and very comparable.
[5] For all of these reasons, I order that the Respondents pay to the Applicant her costs that I fix at $7,892.95 inclusive of HST payable from the estate.
M. Linhares de Sousa J.
Released: March 27, 2013
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
PATRICIA LALONDE
Applicant
– and –
NORMA MOORE, ALLEN MOORE, PAUL SMITH, KRISTINE SMITH (NÉE MENARD), PATRICK JASON MENARD, KARINA MENARD and the ESTATE OF THE LATE LOUIS PATRICK MENARD
Respondents
DECISION ON COSTS
M. Linhares de Sousa J.
Released: March 27, 2013