Calabrese v. Calabrese

CITATION: 2014 ONSC 7016

COURT FILE NO.: 87/14

DATE: 2014-12-04

SUPERIOR COURT OF JUSTICE – ONTARIO

RE: Christopher Calabrese, Applicant

AND: Joanna Calabrese, Respondent

BEFORE: Mr Justice Ramsay

COUNSEL: Ms Meysa Maleki for the Applicant
Mr Dean J.D. Moldenhauer for the Respondent

ENDORSEMENT

[1] The Applicant seeks full indemnity for costs in the amount of $$23,779.66 with respect to several motions decided by me on November 13, 2014: 2014 ONSC 6598. The Respondent seeks full indemnity in the amount of $19,333.13 or in the alternative, if I find mixed success, partial indemnity in the amount of $12,888.75.

[2] Cost orders are made to indemnify successful parties, to encourage settlement and to sanction inappropriate behaviour. In the case at bar, there is no inappropriate behaviour in the conduct of the motions. It is a question of indemnifying the successful party and encouraging parties generally to settle. I see no justification for full or substantial indemnity in the present case.

[3] Success was divided, but on the most important question the Applicant was the successful party. The sticking point was whether he would get overnight visits with his two-year-old son. And he got them. It might have been a straightforward motion, but the Respondent spent a great deal of time on the issue of domestic violence, on which she was unsuccessful and the Applicant spent a great deal of time on parental alienation, on which he was successful.

[4] The Applicant made an offer to settle. He did not do as well as his offer. Significantly, his offer included an order for appointment of a $15,000 expert on parental alienation, which the Applicant would pay up front, but which the trial judge could apportion between the parties. I declined to order the appointment.

[5] For this type of motion $3,500 might reasonably have been contemplated as partial indemnity. Given the adjournment, costs of which were reserved to me, I fix costs at $4,500 and order the Respondent to pay them forthwith.

[6] I hope the parties will decide to calm down, separate their property and raise their son. Also, the Applicant should stop breaching his bail.

J.A. Ramsay J.

Date: 2014-12-04