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

[1] I have read the costs submissions of counsel and have considered those factors which should guide the exercise of my discretion to award costs.

[2] The applicant was mostly successful.

[3] The issues were neither complex nor novel. They were, however, of significant moment to the parties.

[4] The matter was argued in two hours. There were no formal offers to settle.

[5] There has been no bad faith or unreasonable conduct.

[6] Having 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.

[7] The applicant seeks full recovery amounting to over $22,000. The respondent argues there should be no costs but in the alternative suggests $3,000.

[8] With all due respect to senior family law counsel, the issues in dispute did not warrant the costs as suggested.

[9] The applicant is entitled to his costs fixed at $7,500, inclusive of taxes and disbursements, payable forthwith.

Whitaker J.

DATE: January 9, 2013