SUPERIOR COURT OF JUSTICE - ONTARIO
KINGSTON COURT FILE NO.: 66-07
DATE: August 21, 2014
RE: David Gordon, Applicant
AND
Tania Gordon, Respondent
BEFORE: The Honourable Mr. Justice Martin James
COUNSEL: Self-Represented Plaintiff
G. Edward Lloyd, Counsel for the Respondent
HEARD: Written Submissions
COSTS ENDORSEMENT
James J.
[1] On October 4th, 2013 I made an order varying the order of Trousdale J., dated January 18th, 2008. As a result of the variation, the applicant, David Gordon, was granted sole custody of Gina Gordon and Katelyn Gordon. Mr. Gordon was self-represented.
[2] My endorsement provided that the parties may make submissions respecting costs by delivering bills of costs and costs outlines within fifteen days and any responses were to be provided within ten days thereafter.
[3] By consent dated December 4th, 2013 the parties agreed to extend the time for Mr. Gordon to file his costs submissions to January 15, 2014 with the responding submissions to be delivered by February 15th, 2014 and any reply by Mr. Gordon was to be delivered by February 20th, 2014.
[4] Mr. Gordon did not deliver any costs submissions.
[5] Costs submissions on behalf of the respondent were delivered on February 18th, 2014 and served on Mr. Gordon by e-mail on that date with proof of service having been filed.
[6] Mr. Lloyd on behalf of the respondent seeks costs of $2,895.63. These costs relate to the preparation of a trial record ($390) and preparation of an order and related documentation carrying the endorsement into effect (approximately $500). Mr. Lloyd has also requested the costs of a motion on August 27th, 2013, said to have been necessitated by Mr. Gordon’s refusal to return the children to the respondent following an access visit. The motion was heard on the day the trial was to commence by Abrams J. Although the trial did not commence as scheduled due to a scheduling problem with the court, Justice Abrams dealt with the issue of the return of the children to the respondent by the applicant. His endorsement provides as follows: “The costs of today, including the costs incurred by the respondent to pursue a motion returnable tomorrow, typographical error showing today, but now unnecessary are reserved to the judge hearing the matter.”
[7] The respondent says that the endorsement of Abrams J. “indicated by the nature of his order” that the mother was entitled to her costs of the motion for the return of the children. In my view, there is nothing in the endorsement of Abrams J. that indicates that the respondent is entitled to costs. Instead, he reserved the issue of costs to the judge hearing the matter. The respondent claims $2,562.50 for this motion including 6.5 hours or $2,112 for “meeting with client, attend at Superior Court of Justice to argue motion/trial.” Clearly there is some overlap between the fact that the trial was scheduled to commence and the arguing of the motion.
[8] Mr. Lloyd makes the point that it was the applicant’s responsibility to prepare a trial record which he did not do. The preparation of the trial record was of assistance to the court and in my view the respondent ought to be compensated for this cost. With respect to preparation of a draft order, the respondent has claimed 1 hour at $325 per hour which I assume is a full indemnity rate.
[9] I am not prepared to make a costs order with respect to the motion before Justice Abrams. In the circumstances the respondent will be granted costs of preparing a trial record and preparing a draft order fixed in the sum of $700 for fees plus applicable HST and disbursements as claimed at $256.17 including HST. These costs are payable by the applicant forthwith.
Mr. Justice Martin James
DATE RELEASED: August 21, 2014
KINGSTON COURT FILE NO.: 66-07
DATE: August 21, 2014
ONTARIO
SUPERIOR COURT OF JUSTICE
RE: David Gordon, Plaintiff
AND
Tania Gordon
BEFORE: The Honourable Mr. Justice Martin James
COUNSEL: Self-Represented Plaintiff
G. Edward Lloyd, Counsel for the Respondent
COSTS ENDORSEMENT
James, J.
Released: August 21, 2014