Superior Court of Justice – Ontario

COURT FILE NO.: FS-02-665-02
DATE: 2013-03-28

RE: Eric David Eagleton, Applicant

AND:

Anna Celeste Lombardi, Respondent

BEFORE: The Honourable Mr. Justice Robert Nightingale

COUNSEL:
Sandra Harris, Counsel, for the Applicant

Ian Gerald Smits, Counsel, for the Respondent

COSTS ENDORSEMENT

[1] I have received and reviewed the costs submissions for both parties. Neither party made an offer which would result in the normal course in a costs award to either party on a substantial indemnity basis.

[2] The Respondent was generally successful in the result regarding the claims made in her Application although not to the extent she was claiming.

[3] There is no reason why the Respondent should not be entitled to a payment of some of her costs. The amount of hours spent by the Respondent’s Counsel of approximately 27 hours for the entire proceeding appears reasonable as does the hourly rate of approximately $230 on a partial indemnity basis.

[4] I have considered the expectation of the parties concerning the amount of the costs and what would be a fair and reasonable amount for the unsuccessful Applicant to pay given the circumstances of this case. I have allowed a discount as well regarding the attendance of the parties at the case conference as no specific order of costs was made in favour of either party at the conference.

[5] Considering all of these factors, the Applicant is ordered to pay the Respondent her costs of this proceeding in the amount of $6000 inclusive of HST and disbursements which costs shall form part of the support order for the support of the children as defined under the Family Responsibility and Support Arrears Act, 1996.

The Honourable Mr. Justice R. J. Nightingale

Date: March 28, 2013