SUPERIOR COURT OF JUSTICE - ONTARIO
COURT FILE NO: FS-12-00018326
DATE: 20130109
RE: Ben Martin
Applicant
- and -
Balla Smith
Respondent
BEFORE: The Honourable Mr. Justice Kevin Whitaker
COUNSEL:
Kenneth A. Cole, for the Applicant
Norman Epstein, for the Respondent
E N D O R S E M E N T
Re COSTS
1I have read the costs submissions of counsel and have considered those factors which should guide the exercise of my discretion to award costs.
2The applicant was mostly successful.
3The issues were neither complex nor novel. They were, however, of significant moment to the parties.
4The matter was argued in two hours. There were no formal offers to settle.
5There has been no bad faith or unreasonable conduct.
6Having regard to the reasonable expectations of the parties and in particular the principle of proportionality, the range suggested by the applicant here is inappropriate for a short motion dealing with interim relief.
7The applicant seeks full recovery amounting to over $22,000. The respondent argues there should be no costs but in the alternative suggests $3,000.
8With all due respect to senior family law counsel, the issues in dispute did not warrant the costs as suggested.
9The applicant is entitled to his costs fixed at $7,500, inclusive of taxes and disbursements, payable forthwith.
Whitaker J.
DATE: January 9, 2013