SUPERIOR COURT OF JUSTICE - ONTARIO
COURT FILE NO.: FS-11-72537
DATE: 2013-01-02
RE: Rupinder Kaur Chhokar v. Sandeep Singh Bains
BEFORE: Justice Thomas A. Bielby
COUNSEL:
Kavita Bhagat, for the Applicant
Respondent, Self-represented
COSTS ENDORSEMENT
[1] My judgment in this matter was released December 3, 2012. With respect to the parties herein, success was divided. The applicant was successful in her claim for spousal support and, had the parties been legally married, would have been entitled to an equalization of net family properties and would have had judgment for $42,421.07.
[2] The respondent was successful in his argument that the marriage between the parties was invalid as it did not comply with the laws of Ontario.
[3] I also note that the respondent did not adequately provide disclosure as to his assets and liabilities. As noted in the judgment, disclosure was ongoing throughout the trial.
[4] Because of his failure to make timely disclosure, I will not award any costs to the respondent.
[5] The applicant seeks costs in the amount of $24,916.50 for fees and $300.79 for disbursements.
[6] I will allow some of the applicant’s costs, given her partial success, taking into account the trial lasted six days. With respect to her level of success, it must be recognized that her failure to prove the validity of the marriage resulted in the dismissal of her equalization claim. Her success was limited to the issue of spousal support.
[7] Accordingly, I will allow the applicant $8,500.00 in fees together with disbursements of $300.79 plus HST where applicable.
Bielby J.
DATE: January 2, 2013
COURT FILE NO.: FS-11-72537
DATE: 2013-01-02
SUPERIOR COURT OF JUSTICE - ONTARIO
RE: Rupinder Kaur Chhokar v. Sandeep Singh Bains
BEFORE: Justice Thomas A. Bielby
COUNSEL: Kavita Bhagat, for the Applicant
Respondent, Self-represented
COSTS ENDORSEMENT
Bielby J.
DATE: January 2, 2013