Tamara Anastas v. Grant Anastas, 2013 ONSC 4288

SUPERIOR COURT OF JUSTICE - ONTARIO

COURT FILE NO.: FS-12-74542
DATE: 2013-06-20

RE: TAMARA ANASTAS and GRANT ANASTAS

BEFORE: Justice David L. Edwards

COUNSEL:
Paul Rausch, for the Applicant

Kamla O. Lewis, for the Respondent

COST ENDORSEMENT

1On May 30, 2013, I issued an Order on consent. Paragraph 6 of the consent provided that the respondent would pay costs of the motion as agreed or in an amount ordered by the court.

2The parties have failed to agree on costs and have submitted their Cost Submissions to me.

3The motion sought to dismiss the respondent’s claim and strike out his pleadings for willfully failing to obey the temporary Order of Justice Tzimas.

4The parties negotiated a consent order and the matter was not argued.

5The applicant submits that the motion was necessary and the conduct of the respondent was unreasonable, as he failed to pay the amounts ordered by Justice Tzimas and he had allowed the mortgage to go into arrears.

6The respondent submits that the applicant also failed to comply with Justice Tzimas’ order with respect to Connor’s late attendance at school and as well, she has not provided all of the disclosure required by disclosure request.

7There is disagreement as to whether counsel for the applicant was advised of a change in fax numbers of the counsel for the respondent. Further, the respondent’s counsel submits that, once he was made aware of the May 23, 2013 date for a motion, he advised counsel for the applicant that he was unable to attend. When counsel for the applicant refused to adjourn the matter, he intended to appear to ask for an adjournment. On May 23, 2013, he became ill and a friend appeared in his place.

8Counsel for the respondent served an offer and asserts that the consent order was made in line with that offer.

9Based upon the wording of the consent I am satisfied that costs are properly awarded to the applicant.

10I have reviewed the Bill of Costs submitted by the Applicant.

11I am satisfied that the time spent and the hourly rate are appropriate for this matter.

12I am cognizant of, and have considered, the Offer to Settle made by the Applicant.

13Considering all these factors, including the conduct of the respondent, I am not satisfied that costs on a full indemnity basis are appropriate.

14Costs are fixed in the amount of $4,500.00 all-inclusive.