SUPERIOR COURT OF JUSTICE - ONTARIO

COURT FILE NO.: FC 12 772 1
DATE: 20140602

RE: KELLY SARGEANT, Applicant

AND

JOHN SARGEANT, Respondent

BEFORE: Madam Justice J. Mackinnon

COUNSEL:
Kelly Sargeant, self-represented
Gregory A. Ste. Marie, Counsel for the Respondent

HEARD: by written submissions

ENDORSEMENT ON COSTS

[1] Both parties are seeking costs of the motion argued on March 25, 2014. In my view there should be no order of costs.

[2] The endorsement I released ruling on the motion is deceptive as to the amount of time and preparation devoted to the OCL issue. In fact, that was the primary issue argued before me. The positions of the parties changed on this issue during argument, and were eventually overtaken by the agreement of the Phoenix Centre to provide therapeutic counselling to the children. Nonetheless I regard the respondent as essentially the successful party on this issue. The applicant’s position was that the OCL should be removed or replaced. I clearly rejected this notion.

[3] The applicant did put forward a reasonable offer to settle in terms of the issues addressed in the offer, which were largely settled, but it did not address the OCL issue. The respondent did not make an offer. The Family Law Rules and the jurisprudence strongly encourage the use of offers to settle in family law matters.

[4] In my view an order for no costs strikes a proper balance between the respondent’s success on the argued issues and the merits of the applicant’s offer addressing issues which in the main ultimately settled without the need for determination by the court.

Madam Justice J. Mackinnon

Date: June 2, 2014

COURT FILE NO.: FC 12 772 1
DATE: 20140602

ONTARIO

SUPERIOR COURT OF JUSTICE

RE: KELLY SARGEANT, Applicant

AND

JOHN SARGEANT, Respondent

BEFORE: Madam Justice J. Mackinnon

COUNSEL:
Kelly Sargeant, self represented Applicant
Gregory A. Ste. Marie, Counsel for the Respondent

ENDORSEMENT

Madam Justice J. Mackinnon

Released: June 2, 2014