SUPERIOR COURT OF JUSTICE – ONTARIO
COURT FILE NO.: FS-10-69566-00
DATE: 2013-10-16
RE: Ashish Kapoor and Pooja Kapoor
BEFORE: D.L. Edwards J.
COUNSEL:
Preet Kaler, for the Applicant
Archana Medhekar, for the Respondent
HEARD: September 23, 2013
COST ENDORSEMENT
[1] At a pre-trial on September 23, 2013 this matter was settled on a final basis with the exception of costs. I requested cost submissions.
[2] This matter involved issues of custody, access, child support, section 7 expenses, health insurance coverage and equalization of net family property.
[3] The applicant made an Offer to Settle on August 26, 2013. The respondent made an Offer to Settle on September 17, 2013, which was less than seven days prior to the scheduled trial. That offer included an offer to settle the equalization of net family property on the same terms as the applicant’s offer. On the morning of the day set for trial the respondent accepted the applicant’s offer to settle regarding equalization. The respondent’s offer to settle was non-severable except for the equalization issue.
[4] At the pre-trial, the matter was settled on consent, substantially in the form of the applicant’s offer to settle.
[5] The applicant seeks costs of $15,429.00 on a full indemnity basis. He asserts that his offer to settle formed the basis of the settlement; the respondent’s offer to settle was served outside of the time line provided by the Family Law Rules; this offer was not of assistance in resolving matters as it was “non-severable”; and the respondent was not reasonable.
[6] The respondent appears to be requesting a cost award in her favour submitting that the settlement was as favourable to her as her offer to settle. If a cost award is being considered for the applicant, the respondent asserts that the applicant’s bad behaviour throughout the matter mitigates against an award and that the respondent’s poor financial situation necessitates no award against her.
[7] I am satisfied that the matter was settled on a basis that was very close to the terms contained in the applicant’s offer to settle. The applicant was the successful party.
[8] The significance of respondent’s offer to settle is reduced as it was served late and was non-severable.
[9] I am satisfied that the applicant should receive an award of costs. The issue is the quantum.
[10] The applicant requests costs on a full indemnity basis of $15,429.00
[11] Rule 18(14) of the Family Law Rules provides that in certain circumstances a party is entitled to its costs up to the date the offer was served and full recovery of costs from that date.
[12] The applicant has not broken his costs down between those incurred prior to August 26, 2013 and subsequent. I am unable to determine what costs related to the two different periods.
[13] I am satisfied that the hourly rate of the applicant’s counsel and the time spent is appropriate for the complexity of the matter.
[14] Considering all of the foregoing factors, I award costs in the amount of $9,000.00 fixed, payable forthwith by the respondent.
D.L. Edwards J.
DATE: October 16, 2013
COURT FILE NO.: FS-10-69566-00
DATE: 2013-10-16
SUPERIOR COURT OF JUSTICE – ONTARIO
RE: Ashish Kapoor v. Pooja Kapoor
BEFORE: D.L. Edwards J.
COUNSEL: Preet Khaler, for the Applicant
Archana Medhekar, for the Respondent
COST ENDORSEMENT
D.L. Edwards J.
DATE: October 16, 2013