COURT FILE NO.: F67/13

DATE: 2013-07-30

SUPERIOR COURT OF JUSTICE - ONTARIO

RE: Davis Jackson, Applicant

AND:

Eileen Mayerle, Respondent

BEFORE: Justice G. E. Taylor

COUNSEL: Richard G. Startek, Counsel, for the Applicant

Kanata Cowan, Counsel, for the Respondent

HEARD: May 24, 2013

Costs ENDORSEMENT

[1] This is the endorsement for costs in relation to a motion and cross motion heard on May 24, 2013 with reasons released on May 28, 2013. The motion and cross motion were for temporary orders. The applicant was successful in his claim for spending more time with his daughter Paige. The respondent was successful in her claim for spousal support.

[2] Not surprisingly, both parties seek substantial indemnity costs and blame the other for acting unreasonably.

[3] In my view, success was divided. The amount that each party claims for substantial indemnity costs is approximately equal. This is not an appropriate case for either party to be awarded costs. The positions taken by both parties were such that neither should be required to pay costs to the other and neither should be rewarded by an award of costs in their favour.

[4] Accordingly, there will be no orders to costs of the motion and cross motion.

G. E. Taylor J.

Date: July 30, 2013