SUPERIOR COURT OF JUSTICE - ONTARIO
COURT FILE NO.: FS-08-62508-00
DATE: 20130625
RE: RAMLOCHAN v. RAMLOCHAN
BEFORE: JUSTICE VAN MELLE
COUNSEL:
William E.C. Parker, for the Applicant
J.C. Williams, for the Respondent at the hearing of the motion; Cost submissions by L. Natalizio
COSTS ENDORSEMENT
[1] On August 3, 2010 Justice David Corbett released an Endorsement on a motion in this matter. In the motion, the applicant, Diana Ramlochan moved for temporary child and spousal support. The issue was the income of the respondent, Oral Ramlochan for support purposes.
[2] In his endorsement he made findings for the purposes of the motion, as to Oral’s income and ordered child and spousal support accordingly. As to costs, he said that if the issue of costs was not agreed to by the parties then they were to make written submissions.
[3] Most unfortunately, Justice Corbett suffered some major health problems, compounded by moving his chambers to Toronto, in the last few years. As such he has been unable to deal with the costs issue. As Regional Senior Justice of Central West, I have taken on this task and have reviewed the Endorsement of Justice Corbett along with the costs submissions of both parties.
[4] There is no question that Diana was successful on the motion. Settlement of the motion prior to hearing was made impossible by Oral’s lack of disclosure.
[5] The applicant seeks costs of $51,562.11 which appears to be on a full indemnity basis.
[6] Oral submits that each party should bear his or her own costs or costs should be reserved to trial.
[7] The Family Law Act is clear in mandating that where possible costs should be fixed at each step in the proceeding. There is no reason to depart from that principle in this matter.
[8] I am not persuaded though that Diana is entitled to her costs on a full indemnity basis. I have reviewed her bill of costs and in all the circumstances find that costs should be awarded in her favour in the amount of $25,000.00 inclusive of disbursements and GST.
Van Melle J.
DATE: June 25, 2013
COURT FILE NO.: FS-08-62508-00
DATE: 20130625
SUPERIOR COURT OF JUSTICE - ONTARIO
RE: RAMLOCHAN v. RAMLOCHAN
BEFORE: Van Melle J.
COUNSEL:
William E.C. Parker, for the Applicant
J.C. Williams, for the Respondent at the hearing of the motion; Cost submissions by L. Natalizio
COSTS ENDORSEMENT
Van Melle J.
DATE: June 25, 2013