SUPERIOR COURT OF JUSTICE - ONTARIO
COURT FILE NO.: FS-12-4675-00
DATE: 2013-08-07
RE: Anthony Phillip Vucenovic and Jessica Lilian Rieschi
BEFORE: Justice D.L. Edwards
COUNSEL:
Jennifer Watson, for the Applicant
Robert McQueen, for the Respondent
COST ENDORSEMENT
[1] The respondent mother commenced an appeal of the Order of Justice Pawagi, dated October 22, 2012, in which she granted the father sole custody of their child. She further ordered that the mother should have no access pending further court order.
[2] By order dated June 18, 2013, the appeal was dismissed. I requested cost submissions. I have reviewed the cost submissions and this is my cost endorsement.
[3] Pursuant to rule 24 [1] of the Family Law Rules, there is a presumption that a successful litigant is entitled to the cost of the litigation. That rule sets forth factors which I am to consider in setting the amount of costs.
[4] I am satisfied that the hourly rate charged by the father's counsel is appropriate; there was considerable material to review; and the time spent on the case was appropriate.
[5] Although I do not believe that it was wise for the mother to appeal the decision, her conduct was not unreasonable.
[6] The issue was extremely important, namely, custody and access by a parent to the child.
[7] The mother argued that the fact that the father and his counsel had a pro bono retainer agreement should impact on whether I grant costs and the amount therefore. Further, she submits that as she has paid legal fees and disbursements from her own resources in the amount of $23,769.55 and her annual income is approximately $40,000.00 per year her financial situation should be considered in awarding costs. I agree that that her economic situation is a relevant factor, but the pro bono retainer of the father is not a mitigating factor with respect to costs.
[8] Considering all of these factors, I award costs fixed in the amount of $30,000.00 payable by the appellant mother on the appeal to the respondent father.
Justice D.L. Edwards
DATE: August 7, 2013
COURT FILE NO.: FS-12-4675-00
DATE: 2013-08-07
SUPERIOR COURT OF JUSTICE - ONTARIO
RE: Anthony Phillip Vucenovic and Jessica Lilian Rieschi
BEFORE: Justice D.L. Edwards
COUNSEL:
Jennifer Watson, for the Applicant
Robert McQueen, for the Respondent
COST ENDORSEMENT
Justice D.L. Edwards
DATE: August 7, 2013