Court File and Parties
COURT FILE NO.: FC-13-1861
DATE: 2013/10/10
SUPERIOR COURT OF JUSTICE - ONTARIO
RE: Dianne Pearl Douglas, Applicant
AND
Rene Albert Faucher, Respondent
BEFORE: The Honourable Mr. Justice Martin James
COUNSEL: Cecil J. Lyon, Counsel for the Applicant
Jack Pantalone, Counsel for the Respondent
HEARD: By Written Submissions
Endorsement
[1] As a result of the parties’ failure to agree on a parenting time schedule, pursuant to my direction each party has submitted a proposed schedule.
[2] I find Ms. Douglas’ schedule preferable and it shall form the basis of the parenting schedule subject to an adjustment for certain professional development days when the children do not attend school on what would otherwise be a school day. When a professional development day falls on a Friday before a weekend that Mr. Faucher has the children, the professional development day and the Thursday overnight shall be added to Mr. Faucher’s parenting time. In this situation, Mr. Faucher’s parenting time shall commence at 4 PM on Wednesday and continue until the following Monday morning.
[3] This order shall take effect on a date agreed to by the parties but in any event not later than October 15, 2013.
[4] On the issue of costs, both parties seek a costs order. Counsel for Ms. Douglas delivered a Bill of Costs claiming a total of $8330.76.
[5] Mr. Lyon relies on an offer to settle delivered one week before the hearing. The terms of the offer are similar to but not clearly better than the outcome of the motion. The onus of establishing that an offer was more favourable than the order that resulted from the hearing rests with the offeror.
[6] Counsel for Mr. Faucher delivered a Bill of Costs claiming a total of $9,216.34. He did not deliver an offer to settle.
[7] In my view, the results of the motion reflect mixed success for both parties. There shall be no order respecting costs.
The Honourable Mr. Justice James
Date: October 10, 2013
COURT FILE NO.: FC-13-1861
DATE: 2013/10/10
ONTARIO
SUPERIOR COURT OF JUSTICE
RE: Dianne Douglas, Applicant
AND
Rene Faucher, Respondent
BEFORE: Honourable Mr. Justice Martin James
COUNSEL: Cecil J. Lyon, Counsel, for the Applicant
Jack Pantalone, Counsel, for the Respondent
ENDORSEMENT
James, J.
Released: October 10, 2013