ONTARIO
SUPERIOR COURT OF JUSTICE
Court File No.: FS 07-253
Date: 2013-08-29
Between:
HEATHER SINCLAIR
Lisa DeLong, for the Applicant
Applicant
- and -
STEPHEN SINCLAIR
Phaedra Klodner, for the Respondent
Respondent
Heard: at Brantford, September 21, 22, 23 and 24, 2010 and November 28, 29 and 30, 2010 and May 22 and 23, 2012
Parayeski, J.
COSTS RULING
[1] This is my ruling with respect to the costs of the trial heard by me over the course of nine days between September of 2010 and May of 2012. Although the parties exchanged offers to settle regarding the issues in the trial, neither offer was such that it is plain that one or the other ought to have been accepted. Accordingly, neither party is entitled to substantial indemnity costs. The results were too mixed for that. It is correct to say, however, that on balance the father was significantly more successful than the mother on the primary issues addressed at the trial, and that presumptively he is entitled to costs. I see no reason to deviate from that presumption.
[2] I agree with Ms. Klodner’s submissions that the trial was unduly prolonged due to the mother’s unwillingness to make appropriate concessions. Those submissions are set out in detail in the written materials provided by the father.
[3] Taking both sets of cost submissions and the provisions of Rule 24 into account, I am prepared to order that the mother pay the father his costs fixed at $12,000 all inclusive, with those costs being applied to the equalization payment he is obliged to make. I am not prepared to apply these costs to his support obligations because of the impact that would likely have on the children of the marriage.
Parayeski, J.
Released: August 29, 2013
COURT FILE NO.: FS 07-253
DATE: 2013-08-29
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
HEATHER SINCLAIR
Applicant
- and –
STEPHEN SINCLAIR
Respondent
COSTS RULING
Parayeski, J.
MDP: mw
Released: August 29, 2013