SUPERIOR COURT OF JUSTICE - ONTARIO
COURT FILE NO.: FC-10-34809-00
DATE: 20130408
RE: TALIN KARAJIAN, Applicant
AND:
ARA KARAJIAN, Respondent
BEFORE: THE HON. MR. JUSTICE J.P.L. McDERMOT
COUNSEL:
Mark Greenstein, for the Applicant
Respondent unrepresented
HEARD: By written submissions
ENDORSEMENT
1On January 28, 2013, I heard a motion brought by the Respondent to set aside the order of Eberhard J. dated November 28, 2012. That motion was dismissed. The Applicant now requests costs of the motion. No material was filed by the Respondent in opposition to the Applicant’s claim for costs.
2Generally, under Rule 24(1) of the Family Law Rules,1 costs must follow the event. In the present case, success lay with the Respondent as the Applicant’s motion to set aside the order was dismissed. The Applicant has filed no material to displace the presumption of costs following the Respondent’s success in this matter and accordingly the Respondent is entitled to her costs of this motion.
3The Respondent asks for costs on a full indemnity basis of $5,302.92. Mr. Greenstein on behalf of the Respondent states that there is no reason why his client should be out of pocket regarding this motion. The bill of costs is reasonable as far as the hourly rates and time taken is concerned.
4No offers to settle appear to have been exchanged. Barring an offer to settle, the rule is against full indemnity costs unless there are special circumstances warranting full recovery: see Hunt v. TD Securities Inc. (2003), 2003 3649 (ON CA), 66 O.R. (3d) 481 (C.A.).
5Accordingly, the Respondent shall have her costs of this motion in the amount of $4,000. As this is not a temporary order, and as there is a deficiency on recovery by the Respondent in this matter, there is no need or purpose to state when and how costs are to be paid.
McDERMOT J.
Date: April 8, 2013