FILE NO.: FC-03-2904-4
SUPERIOR COURT OF JUSTICE - ONTARIO
RE: Laura Lee McPherson
AND
Morgan McPherson-Hull
BEFORE: The Honourable Justice Michel Z. Charbonneau
COUNSEL: Rodney B. Cross for the Applicant
Jennifer M. (Wood) Reynolds for the Respondent
HEARD: Written Submissions
ENDORSEMENT ON COSTS
1I now have had the opportunity of reviewing the costs submissions of both parties.
2The motion required the Court to determine five issues. The main issue was whether the retirement of the husband constituted a change of circumstances justifying a reduction of the amount of child support payable by him. That issue was not contested by the wife. The husband was successful.
3Another was whether the husband should pay retroactive special expenses. The husband was also successful on this issue.
4The wife, on the other hand, was successful on the issue of imputing income in excess of the husband’s retirement income.
5The issues relating to the date of any variation was a minor issue upon which the parties had little disagreement.
6The wife was also successful on the issue of whether support for Conor should continue if he continued in full time attendance in school.
7It turns out that the offers to settle from both parties were reasonable and took into account most of the elements of the Court’s decision. I agree with counsel for the respondent that the applicant’s offer came basically on the eve of the hearing and as such should not be given its full weight.
8All in all, success was substantially divided and I have decided that each party should bear their own costs.
9Counsel have agreed that the decision contains a mathematical error and therefore they may submit an order which reflects the required correction.
Charbonneau, J.
Date: March 11, 2014
FILE NO.: FC-03-2904-4
ONTARIO
SUPERIOR COURT OF JUSTICE
RE: Laura Lea McPherson, Applicant,
AND
Morgan McPherson-Hull, Respondent,
BEFORE: The Honourable Justice Michel Z. Charbonneau
COUNSEL: Rodney B. Cross for the Applicant
Jennifer M. (Wood) Reynolds for the Respondent
ENDORSEMENT
Charbonneau, J.
Released: March 11, 2014