ONTARIO
SUPERIOR COURT OF JUSTICE
COURT FILE NO.: FC-14-686
DATE: 2014/07/28
BETWEEN:
Robyn Lynn Doyle
Applicant
– and –
Eric Lionel Quesnel, Angela Bergeron, Souzanne Kimberley Doyle, Michael Edward Doyle
Respondents
Gil D. Rumstein, for the Applicant
Richard P. Bowles, for the Respondents
HEARD: By written submission
DECISION ON COSTS
R. Smith J.
Positions
[1] The applicant requests costs of $3,710 on a partial indemnity basis, which amounts to 60 percent of the total legal fees incurred, inclusive of HST and disbursements.
[2] The respondents submit that success on the motion was mixed as the applicant insisted that the father’s access with the younger child be supervised, which was not ordered. The respondents further submit that both parties should bear their own costs.
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.
Disposition
[4] Given that success was divided on the motion there shall be no order for costs.
R. Smith J.
Released: July 28, 2014
COURT FILE NO.: FC-14-686
DATE: 2014/07/28
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
Robyn Lynn Doyle
Applicant
– and –
Eric Lionel Quesnel, Angela Bergeron, Souzanne Kimberley Doyle, Michael Edward Doyle
Respondents
DECISION ON COSTS
R. Smith J.
Released: July 28, 2014