Costs Endorsement
COURT FILE NO.: FC-14-280
DATE: 20140807
SUPERIOR COURT OF JUSTICE - ONTARIO
RE: ELSWORTH WEEKES, Plaintiff
AND
ZIYADA CALLENDER, Respondent
BEFORE: Mr. Justice R. Smith
COUNSEL: Pamela Barron, for the Applicant
Jane Thomson, for the Respondent
HEARD: By written submissions
Costs ENDORSEMENT
Positions
[1] The Respondent seeks costs of $5,177.21 on a substantial indemnity basis due to her overwhelming success on the motion.
[2] The Applicant submits that no costs should be ordered; or in the alternative, costs lower than on a full indemnity basis should be awarded.
Success
[3] In this case, the Respondent was substantially successful on the issues of imputing income, child support, spousal expenses and the access terms.
Scale of Costs and Offers to Settle
[4] The Respondent served Offers to Settle on June 22, 2014 and July 3, 2014. The result obtained was almost identical to the Offers to Settle except that an income of $45,000 per year was imputed and not $53,000 per year, as requested and offered. As a result, the child support ordered was slightly less than the terms of the Offer to Settle.
[5] As the terms of the Offer to Settle were not equalled or exceeded, after the motion, costs will be awarded on a partial indemnity basis. The Offer to Settle was very reasonable.
Hourly Rates, Time Spent and Proportionality
[6] The Applicant does not object to the time spent or the hourly rate charged as his counsel’s Bill of Costs was $6,024.03 on a full indemnity basis. This amount is also almost identical to the $6,470.95 full indemnity costs of the Respondent.
Expectation of Unsuccessful Party
[7] The Applicant has incurred a similar amount of costs to the full indemnity rate of the Respondent and as a result, he would have expected to pay an amount similar to the amount claimed. The Applicant was successful in increasing his access, however, this was the amount of access proposed by the mother.
Disposition
[8] Considering all of the above factors, the Applicant is ordered to pay costs to the Respondent of $3,000.00 plus HST, plus disbursement of $157.13.
Mr. Justice Robert Smith
Date: August 7, 2014
COURT FILE NO.: FC-14-280
DATE: 20140807
ONTARIO
SUPERIOR COURT OF JUSTICE
RE: ELSWORTH WEEKES, Plaintiff
AND
ZIYADA CALLENDER, Respondent
BEFORE: Mr. Justice Robert Smith
COUNSEL: Pamela Barron, for the Applicant
Jane Thomson, for the Respondent
costs ENDORSEMENT
R. Smith J.
Released: August 7, 2014