ONTARIO
SUPERIOR COURT OF JUSTICE
COURT FILE NO.: FC-13-2686
DATE: 20140317
BETWEEN:
Luc Ghislain Aubertin
Applicant
– and –
Aleana Janet Aubertin
Respondent
John Summers, for the Applicant
Meg Green, for the Respondent
HEARD: By written submissions
COSTS ENDORSEMENT
R. Smith J.
Positions of Parties
[1] The applicant submits that there was divided success and there should be no order as to costs. He submits that his alternative position was accepted, namely that he would pay spousal support provided the respondent was directed to pay the expenses associated with the matrimonial home.
Factors
[2] 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
[3] The respondent submits that she was successful in obtaining an order for exclusive possession of the matrimonial home as well as child and spousal support. The respondent seeks costs at the legal aid rate of $785.52 inclusive of HST.
[4] I find that the respondent’s claim for costs is very reasonable given her success on the motion and the unsuccessful party would have expected to pay substantially more than $785.00 in costs.
Disposition
[5] Having considered the above factors the applicant is ordered to pay costs fixed in the amount of $785.00 inclusive of HST, to the respondent.
R. Smith J.
Released: March 17, 2014
COURT FILE NO.: FC-13-2686
DATE: 20140317
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
Luc Ghislain Aubertin
Applicant
– and –
Aleana Janet Aubertin
Respondent
COSTS ENDORSEMENT
R. Smith J.
Released: March 17, 2014