ONTARIO
SUPERIOR COURT OF JUSTICE
COURT FILE NO.: FS-11-146
DATE: 2013-06-14
B E T W E E N:
Gerald Joseph Landry
Unrepresented
Applicant
- and -
Margaret Ottillia Landry
Meghan Y. de Souza, for the Respondent
Respondent
HEARD: June 3, 2013,
in Thunder Bay, Ontario
McCartney J.
Decision on Costs of Appeal and Motion regarding the decision of Wright J. of
January 16, 2013.
[1] On April 4, 2013, I heard the above noted matters. At that time I struck out the Notice of Appeal on the grounds of lack of jurisdiction (giving oral reasons,) and I dismissed the motion as set out in my written decision dated April 4, 2013.
[2] In the Notice of Appeal and in the motion bad faith costs were claimed against the Respondent’s Counsel. This resulted in counsel, Meghan Y. de Souza, having to retain counsel to protect both her rights and the rights of her client Margaret Ottillia Landry. Fortunately, counsel was able to retain inhouse counsel within the Ontario Legal Aid Plan – one J. Stanley Jenkins – which likely saved considerable legal costs.
[3] Both Megan Y. de Souza and J. Stanley Jenkins have filed Bills of Costs for the work they were required to do on this file. The costs claimed from Ms. de Souza of $1,134.46 are most modest and I have no trouble in accepting them. As far as Mr. Jenkins is concerned, he had to deal with both the appeal and the motion and understandably his costs claim are higher ($3,212.93). Furthermore, while I would not normally allow expenses to bring counsel in from out of town, under the circumstances this seemed to be the most efficient way to handle the situation – and Mr. Jenkins’ expenses are modest.
[4] While Mr. Landry filed no material on the costs hearing, he did make oral submissions. Mr. Landry advised the court that his health has been very poor, that he has made what he believes to be at least 3 fair offers to settle the case, all of which had been rejected. He also advised he has paid voluntary spousal support right from separation i.e. July 2010 of $450.00 monthly. It should be noted however that the interim decision of Wright J. of January 16, 2013 requires ongoing interim support of $1,020.00 monthly.
[5] Since Mr. Landry is unrepresented it is clearly extremely difficult for him to function in an unfamiliar court setting as was evident by his submissions regarding costs. So, while I’m prepared to reduce the costs claimed by a small amount, it would be unfair to do more.
[6] Costs of the said appeal and motion to be paid by Gerald Joseph Landry to Margaret Ottillia Landry in the amount of $3,800.00 inclusive of HST.
The Hon. Mr. Justice J. F. McCartney
Released: June 14, 2013
COURT FILE NO.: FS-11-146
DATE: 2013-06-14
ONTARIO
SUPERIOR COURT OF JUSTICE
B E T W E E N:
Gerald Joseph Landry
Applicant
- and –
Margaret Ottillia Landry
Respondent
REASONS FOR JUDGMENT
McCartney J.
Released: June 14, 2013
/mrm