Beattie v. Beattie
SUPERIOR COURT OF JUSTICE - ONTARIO
RE: Beattie v. Beattie
BEFORE: Mr. Justice Robert Smith
COUNSEL: Self-Represented Applicant
Mimi Marrello, for the Respondent (moving party on motion)
DATE HEARD: By written submissions
C O S T S E N D O R S E M E N T
1The Respondent seeks costs of $17,857.18 on a full indemnity basis for a motion to change an order for child support due to the changes in living arrangements of two of the parties’ children.
2The Applicant submits that the Respondent refused to settle the matter unless his costs were paid and she submits that she had already advised FRO to terminate the child support for Connor.
3The Respondent seeks his full costs because the Applicant waited until June 4, 2014 to advise Family Responsibility Office (FRO) that one child had moved to live with his father on May 1, 2014. The Respondent advised FRO that she was no longer entitled to child support since May 1, 2014. I find that the short delay does not entitle the Respondent to full indemnity costs. The Respondent commenced these proceedings on June 16, 2014 after FRO had been notified in any event.
4A motion should not have been required to adjust child support due to the children’s change in residence.
5The Applicant did initially argue that the children had withdrawn from parental control, but abandoned the argument at the motion and so the Respondent was successful on the motion.
6The motion was not lengthy or complex as it dealt with calculating child support for periods of time based on the Child Support Guidelines, which the parties should have been able to negotiate.
7There also seems to have been miscommunication as the Respondent initially sent a proposal to a secondary e-mail and was unaware that the Applicant had already advised FRO of the change. I find that both parties are responsible
8Considering the lack of complexity, the miscommunication between the parties, the principles of proportionality and the fact that the Respondent was successful on the motion, the Applicant is ordered to pay costs of $4,500 to the Respondent, inclusive of disbursements and HST.
R. Smith J.
RELEASED: February 13, 2015
CITATION: Beattie v. Beattie, 2015 ONSC 1020
COURT FILE NO.: FC-12-2132-1
DATE: 2015/02/13
SUPERIOR COURT OF JUSTICE - ONTARIO
RE: Beattie v. Beattie
BEFORE: Mr. Justice Robert Smith
COUNSEL: Self-Representation for Applicant
Mimi Marrello, for the Respondent (moving party on motion)
COSTS ENDORSEMENT
R. Smith J.
RELEASED: February 13, 2015