Court File and Parties

Court File No.: FS-08-062531-02
Date: 2013-10-22

SUPERIOR COURT OF JUSTICE – ONTARIO

RE: Sharon A’Court, Applicant

and

Howard A’Court, Respondent

BEFORE: Lemon J.

COUNSEL:
Warren W. Tobias, for the Applicant

Marty Klein, for the Respondent

Costs Endorsement

[1] On August 23, 2013, I provided my endorsement with respect to Mr. A’Court’s request to have the matter referred to mediation/arbitration and a parenting coordinator. I also dealt with Ms. A’Court’s request for costs to that point. Mr. A’Court was successful on both issues and now seeks his costs.

[2] Mr. A’Court seeks costs on a partial indemnity basis in the amount of $2,500. In short, he submits that he was successful and Ms. A’Court was unreasonable. Mr. Klein has been in practise for 29 years and in the normal course, a costs order of $2,500 for such a motion would not be out of the ordinary.

[3] Ms. A’Court’s counsel, however, points out that in Mr. A’Court’s Notice of Motion, he only sought costs in the amount of $1,500. I agree that a cost order should not be in excess of the request in the Notice of Motion.

[4] One of the issues to be determined in the arbitration is the extent to which Mr. A’Court is in arrears. If, in fact, he is in arrears, it would be unreasonable to order Ms. A’Court to pay costs at this point. Accordingly, Ms. A’Court shall pay costs of $1,500 payable upon the arbitrator’s award or other resolution of this matter.

Lemon J.

Date: October 22, 2013

COURT FILE NO.: FS-08-062531-02

DATE: 2013-10-22

SUPERIOR COURT OF JUSTICE – ONTARIO

RE: Sharon A’Court, Applicant

and

Howard A’Court, Respondent

BEFORE: Lemon, J.

COUNSEL: Warren W. Tobias, for the Applicant

Marty Klein, for the Respondent

ENDORSEMENT

Lemon, J.

DATE: October 22, 2013