ONTARIO
SUPERIOR COURT OF JUSTICE
B E T W E E N:
Shannon Noreen Virgo
Self-represented
Applicant
- and -
Cornelius Alexander Virgo
Self-represented
Respondent
The Honourable Justice C. A. Tucker
ENDORSEMENT ON COSTS
Issue
[1] What costs should be payable by either party in this case?
Background
[2] The trial in this matter was two days long and centered in the issues of equalization, child support, retroactive child support, and s.7 expenses. The respondent was self-represented during the trial and failed to provide any financial information, notwithstanding court orders to do so. The applicant, although represented at the trial, is now acting on her own behalf in terms of costs.
[3] In my decision issued June 19, 2014 I left the matter of costs to be agreed upon and failing which to be argued by way of submissions. The applicant was substantially successful in the trial and, accordingly, is prima facie entitled to her costs subject to the discretion of the court.
Analysis
[4] Both the parties submitted lengthy submissions outlining their respective positions on the history of this case and their relationship, little of which is helpful to the court in determining either quantum or entitlement of costs. Although the applicant was represented during the trial, she does not attach her lawyer’s bill of costs to her submissions but only a “billing journal” which is not a lot of assistance to the court, although it appears to indicate that over $20,000 in costs have been incurred by the applicant. Mr. Virgo submits that he has incurred costs prior to the trial of over $24,000.
[5] Because the parties are unrepresented at this point I must conclude that the issue only relates to the costs at trial. I am not aware of any prior costs orders, although I am advised of the numerous prior court appearances. Accordingly, I deal in this decision with only the preparation for trial costs and trial costs.
[6] The respondent failed to produce financial information which essentially resulted in the trial. There was some argument about property valuation, but I find that was a minor issue. Although I did not grant the applicant all that she requested, she was successful for the most part on her application. The matter was not complex and could have, with the proper information, been resolved quickly.
Decision
[7] Given the length of the trial, the issues, and the other considerations I have noted above, I find firstly the applicant entitled to the costs of the trial and, secondly, I fix these costs in the amount of $9,000 in total, inclusive of disbursements and HST.
Tucker J.
Released: December 5, 2014
COURT FILE NO.: F1771/11
DATE: 2014/12/05
ONTARIO
SUPERIOR COURT OF JUSTICE
B E T W E E N:
Shannon Noreen Virgo
Applicant
- and –
Cornelius Alexander Virgo
Respondent
ENDORSEMENT ON COSTS
Tucker J.
Released: December 5, 2014