Douglas v. Faucher, 2015 ONSC 1409
COURT FILE NO.: FC-13-1861
DATE: 20150303
SUPERIOR COURT OF JUSTICE - ONTARIO
RE: Dianne Pearl Douglas, Applicant
AND
Rene Albert Faucher, Respondent
BEFORE: J. Mackinnon J.
COUNSEL: Cecil J. Lyon, Counsel for the Applicant
Jack Pantalone, Counsel for the Respondent
HEARD: by written submissions
COSTS ENDORSEMENT
[1] The applicant seeks $12,850[^1] costs in relation to her success on a motion for leave to appeal from a temporary order in relation to child support. This amount represents complete indemnity. The respondent concedes the applicant is entitled to some costs and suggests $3,000 is the appropriate amount.
[2] I have concluded the applicant’s costs should be fixed on a partial indemnity basis. While successful, she did not receive leave to appeal on all of the issues for which leave was sought. The fees incurred with respect to the affidavit filed in support of the motion exceeded what may be considered necessary to explain the delay in seeking leave. I have not considered the offers to settle the substantive issues between the parties because in granting leave to appeal I did not decide those issues. I do give regard to the fact that the respondent admitted during argument of the leave motion that the children had been living with the applicant for more than 60 percent of the time since July 2014; yet, he had not paid any child support in relation to that period of time. I do regard this failure as unreasonable litigation conduct. Especially having regard to the outcome of the leave motion, had the respondent met his child support obligation voluntarily, the motion may not have been necessary, or at the very least, would have proceeded on more narrow grounds.
[3] This was a long motion. Factums were required. The respondent’s solicitor client bill was $8,838.46.
[4] For these reasons I award the applicant costs of the motion for leave to appeal and fix the costs in the amount of $8,500 all inclusive, payable within 30 days.
[5] I remain agreeable to conducting a conference with counsel and clients in an effort to settle the issues in the proposed appeal. If both parties wish to do so, counsel may schedule a conference date through the Trial Office.
J. Mackinnon J.
Date: March 3, 2015
COURT FILE NO.: FC-13-1861
DATE: 20150303
ONTARIO
SUPERIOR COURT OF JUSTICE
RE: Dianne Pearl Douglas, Applicant
AND
Rene Albert Faucher, Respondent
BEFORE: J. Mackinnon J.
COUNSEL: Cecil J. Lyon, Counsel for the Applicant
Jack Pantalone, Counsel for the Respondent
COSTS ENDORSEMENT
J. Mackinnon J.
Released: March 3, 2015
[^1]: Reduced from $13,750 in response to fees inadvertently included that were unrelated to the motion.