ONTARIO
SUPERIOR COURT OF JUSTICE
COURT FILE NO.: FC-12-2349
DATE: 2014/09/10
BETWEEN:
Cheryl Anne Vermette
Applicant
– and –
Richard Paul Morrissette
Respondent
J. Alison Campbell, for the Applicant
Thomas Curran, for the Respondent
HEARD: June 2 and 3, 2014
ENDORSEMENT ON COSTS
PHILLIPS J.
[1] A two-day long trial was required to determine quantum of spousal support. When viewed against the various offers to settle made prior to the hearing, it is clear that the Applicant Wife was entirely successful at trial.
[2] I see no reason why the presumption that a successful party is entitled to their costs should not apply here. It is truly unfortunate that the Applicant Wife was forced by the Respondent Husband’s intransigence to take this dispute the distance she had to.
[3] In accordance with Rule 24(11) of the Family Law Rules, I have considered the importance and complexity of the issue litigated. I have also considered the time and efforts expended by counsel for the Applicant Wife in the context of a multi-day trial of such an important issue.
[4] I have also considered the effect of Rule 18(14) of the Family Law Rules. It is clear that the Applicant Wife obtained a result at trial more favorable than she was willing to settle for. In the result, therefore, the Applicant Wife was required to expend considerable resources in bringing the matter unnecessarily to a trial conclusion.
[5] I have reviewed the Bill of Costs submitted by the Applicant. In my view, it encompasses work with respect to issues that were either resolved prior to trial or as the trial unfolded. Nonetheless, it is clear that considerable efforts were undertaken with respect to the advocacy necessary to litigate the spousal support issue. Rather than go through the Bill of Costs line by line, however, I will apply a standard of overall reasonableness.
[6] Given the length of the trial and the results obtained, I fix costs in the amount of $12,500 inclusive of all taxes and disbursements payable by the Respondent to the Applicant within 30 days.
The Honourable Mr. Justice Kevin B. Phillips
Released: September 10, 2014
COURT FILE NO.: FC-12-2349
DATE: 2014/09/10
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
Cheryl Anne Vermette
Applicant
– and –
Richard Paul Morrissette
Respondent
ENDORSEMENT ON COSTS
PHILLIPS J.
Released: September 10, 2014