Court File and Parties
Court File No.: FC-11-59
Date: 2013/08/07
Superior Court of Justice - Ontario
Re: Angela Vigneault, Applicant
AND
Stephen Massey, Respondent
Before: M. Linhares de Sousa J.
Counsel:
Yanik S. Guilbault, counsel for the Applicant
Stephen Massey, self-represented
Heard: By written submissions
Endorsement with Respect to costs
[1] I have now had the opportunity to consider the parties’ written submissions on the question of costs relating to the period of time from July to September, 2012. During that period of time Ms. Vigneault was required to undertake legal proceedings in order to realize the payment of monies that were owing to her by Mr. Massey pursuant to my judgment of June 13, 2012, and which were not considered in my costs decision dated August 21, 2012. Ms. Vigneault ultimately succeeded in obtaining the ordered payments owed to her by Mr. Massey but only after she commenced her legal proceedings. The commencement of those proceedings should not have been required. Mr. Massey, in his written submissions on this question, has not provided any satisfactory reason for why the ordered payments were not made in a timely manner and without the necessity of the follow-up legal proceedings commenced by Ms. Vigneault. Consequently, it is fair and just that Ms. Vigneault be given her costs of those proceedings.
[2] Mr. Guilbault’s bill of costs for his legal fees expended for the period of time in question is reasonable considering the efforts required and the time it took to realize the payment of monies in accordance with the judgment. I therefore order Mr. Massey to pay Ms. Vigneault her costs which I fix in the amount of $7,000, including HST, payable forthwith.
M. Linhares de Sousa J.
Released: August 7, 2013
ONTARIO
SUPERIOR COURT OF JUSTICE
Re: Angela Vigneault, Applicant
AND
Stephen Massey, Respondent
Before: M. Linhares de Sousa J.
Counsel:
Yanik S. Guilbault, counsel for the Applicant
Stephen Massey, self-represented
ENDORSEMENT WITH RESPECT TO costs
M. Linhares de Sousa J.
Released: August 7, 2013