FILE NO.: FC-03-2904-4
DATE: 2014/03/11
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
[1] I now have had the opportunity of reviewing the costs submissions of both parties.
[2] The 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.
[3] Another was whether the husband should pay retroactive special expenses. The husband was also successful on this issue.
[4] The wife, on the other hand, was successful on the issue of imputing income in excess of the husband’s retirement income.
[5] The issues relating to the date of any variation was a minor issue upon which the parties had little disagreement.
[6] The wife was also successful on the issue of whether support for Conor should continue if he continued in full time attendance in school.
[7] It 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.
[8] All in all, success was substantially divided and I have decided that each party should bear their own costs.
[9] Counsel 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