ONTARIO
SUPERIOR COURT OF JUSTICE
COURT FILE NO.: FC-07-1683
DATE: 2013/01/09
BETWEEN:
JENNIFER ANNE PHILLIPS
Applicant
– and –
ARM NAZMI HASSAN
Respondent
Debora Scholey, for the Applicant
Self-Represented
HEARD: Written Submissions
decision on costs
Linhares de Sousa J.
[1] This trial raised two main issues, namely, custody of and access to the child, Abd El Rahman Amr Hassan, born October 27, 2005, and child support for that same child. There is no question that the Applicant, Ms. Phillips, has been substantially successful on both issues. As a result she is presumed to be entitled to her costs (Rule 24(1)).
[2] I agree with the submissions of counsel for Ms. Phillips that there is evidence to show that throughout this litigation Mr. Hassan has behaved unreasonably with respect to financial disclosure. It was late in coming and far from complete. The proceedings were delayed as a result and multiple court appearances were required.
[3] I have examined the parties’ respective offers to settle. None, in my view commands the mandatory application of Rule 18(14). However, the offer presented by Ms. Phillips was much more reasonable and closer to the end result of this trial.
[4] I have examined the bill of costs presented by counsel for Ms. Phillips and find it to be reasonable given the nature of these proceedings. Given the amount of costs claimed by Mr. Hassan in his written submissions, even with his decision to be self-represented at trial, I must conclude that Mr. Hassan was fully aware of what Ms. Phillips costs might be and what quantum of costs he could reasonably be expected to pay if ordered to pay costs (see Boucher v. Public Accountants Council for the Province of Ontario (2004), 2004 14579 (ON CA), 71 O.R. (3d) 291, (C.A.)).
[5] For the above reasons, I order that Mr. Hassan pay costs of this litigation which I fix in the amount of $18,962.39 inclusive of disbursements and HST. These costs are payable forthwith. In view of the fact that child support was such a substantial part of this trial, it is further ordered that these costs be enforced by the Family Responsibility Office and paid to Legal Aid of Ontario.
M. Linhares de Sousa J.
Released: January 9, 2013
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
JENNIFER ANNE PHILLIPS
Applicant
– and –
ARM NAZMI HASSAN
Respondent
DECISION ON COSTS
Linhares de Sousa J.
Released: January 9, 2013