ONTARIO
SUPERIOR COURT OF JUSTICE
COURT FILE NO.: FC-13-2183
DATE: 20140307
BETWEEN:
Isabelle Kelly
Applicant
– and –
Giovanni Ranieri
Respondent
Pamela Barron, for the Applicant
Julie J. Gravelle, for the Respondent
HEARD: By written submissions
COSTS DECISION
R. Smith J.
Overview
[1] The respondent, father sought increased access to his 11 month old child and proposed a very rapid increase in access to a 50/50 arrangement. The applicant, mother opposed the motion and proposed a more gradual increase in access and that the access be reviewed when the child is 18 months of age.
Positions of Parties
[2] The respondent, father seeks costs on a full indemnity basis in the amount of $4,699.67 including HST plus disbursements inclusive of HST of $120.53. The applicant, mother seeks costs on the basis of the legal aid rates of $133.75 per hour for a total of $1,899.24 inclusive of $81.35 for disbursements.
Factors
[3] The factors to be considered when fixing costs are set out in Rule 24 of the Family Law Rules and include that the successful party is presumed to be entitled to costs, the reasonableness of the behaviour of each party and any offer to settle, any acts of bad faith by any party, the importance complexity or difficulty of the matter, the scale of costs, hourly rates and time spent, and the reasonable expectations of the losing party.
Success
[4] In this case the applicant, mother was largely successful on the motion as the schedule ordered was essentially the one requested by the applicant.
Complexity and Importance
[5] The matter was of average complexity and difficulty, and was important to the parties.
Unreasonable Behaviour
[6] The respondent alleges that the mother acted unreasonably by withholding access and forcing the respondent to have the supervised access at the supervised access centre. I agree that supervised access was not necessary in this case.
[7] I find that while both parties were concerned with the child’s best interests the father was more concerned with exercising his right to access, insisting on a 50/50 access schedule to a very young child. I do not find however, that either party acted so unreasonable to entitle them to substantial indemnity costs or cost.
Scale of Costs and Offers to Settle
[8] I find that costs should be awarded on a partial indemnity scale.
Hourly rates, Time Spent and Proportionality
[9] Neither party objects to the rates claimed by the other or to the hours spent in the matter. I conclude that both were reasonable.
Amount the Unsuccessful Party Would Reasonably Expect to Pay
[10] I find the amount claimed by the applicant, who was successful on the motion, at the rate of $123.70 per hour is very reasonable and that the respondent, father would reasonably expect to pay costs in this range.
Disposition
[11] Having considered the above factors, the respondent father is ordered to pay costs fixed in the amount of $1,500 plus HST of $195, to the applicant, mother.
R. Smith J.
Released: March 7, 2014
COURT FILE NO.: FC-13-2183
DATE: 20140307
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
Isabelle Kelly
Applicant
– and –
Giovanni Ranieri
Respondent
COSTS DECISION
R. Smith J.
Released: March 7, 2014