SUPERIOR COURT OF JUSTICE - ONTARIO
COURT FILE NO.: FC-12-1739-1
DATE: 2014/12/31
RE: Lefebvre v. Lefebvre (Gowan)
BEFORE: Mr. Justice Robert Smith
COUNSEL: Robie S. Loomer, for the Applicant
Kurt W. Anders, for the Respondent
DATE HEARD: By written submissions
E N D O R S E M E N T O N C O S T S
POSITION OF THE PARTIES
[1] The respondent mother (moving party in the motion) seeks costs of $9,186.90 on a substantial indemnity scale, plus disbursements of $174.54 as she was successful on a motion to obtain an order for child support and special expenses. The respondent seeks substantial indemnity costs because of the father’s abdication of his responsibility to pay child support and special expenses for the child when she returned to live with her mother and her grandparents.
[2] The applicant father (responding party in the motion) submits that the costs should be reserved to the trial judge. I do not agree with this submission and find that costs should be fixed after each step in a proceeding as set out in the Family Law Rules.
SCALE
[3] The applicant father refused to pay any child support for Taylor or special expenses. However, his position was not so unreasonable to justify substantial indemnity costs as he was supporting other children, the child was living with the grandparents and there was a question whether income should be imputed to the mother.
DISPOSITION
[4] Considering all of the factors set out in Rule 24, I fix costs on a partial indemnity rate at $5,000.00 plus applicable HST and disbursements of $174.54 to be payable by the applicant father to the respondent mother forthwith and may be collected as child support.
R. Smith J.
RELEASED: December 31, 2014
COURT FILE NO.: FC-12-1739-1
DATE: 2014/12/31
SUPERIOR COURT OF JUSTICE - ONTARIO
RE: Lefebvre v. Lefebvre (Gowan)
BEFORE: Mr. Justice Robert Smith
COUNSEL: Robie S. Loomer, for the Applicant
Kurt W. Anders, for the Respondent
ENDORSEMENT
R. Smith J.
RELEASED: December 31, 2014