Kadri v. Kadri, 2015 ONSC 1561

COURT FILE NO.: FC-13-2037

DATE: 2015/03/12

SUPERIOR COURT OF JUSTICE - ONTARIO

RE: KHOUZAMA KADRI, Applicant

AND

ALI JAMAL KADRI, Respondent

BEFORE: Kane J.

COUNSEL: Khouzama Kadri, Self-Represented

Pacifique Siryuyumusi, counsel for the Respondent

HEARD: By Written Submissions

ENDORSEMENT WITH RESPECT TO COSTS

1The respondent seeks costs on a full indemnity scale in the amount of $125,090.

ISSUES

2There were multiple issues.

3The applicant sought a divorce, spousal support, child support, division of assets as well as ownership and exclusive possession of a condominium in Ottawa.

4The respondent sought an order that the divorce of the parties in Lebanon be recognized by this court, dismissal of the support claims and that the applicant vacate the Ottawa condominium.

5The central and determining issue was whether this court should recognize a prior divorce of the parties granted in Lebanon which determined the applicant’s entitlement to the relief in this court.

SUCCESS

6The respondent was successful on all issues other than one. His request that the applicant be ordered to vacate the Ottawa condominium on the basis that he is the sole registered and beneficial owner thereof was not granted or determined.

COMPLEXITY

7As is often the case, determining the validity of this foreign divorce required extensive evidence as to foreign courts, their jurisdiction and procedure. This was not simply a factual dispute.

IMPORTANCE

8This proceeding has important financial consequences to each party.

CONDUCT EXTENDING PROCEEDING

9The applicant was not always accurate in her presentation of the facts or the events as to the granting of the divorce in Lebanon.

10Religious belief, whether Catholic, Anglican or Muslim, often has little relevance to the jurisdiction of a court to interpret and apply the laws of a country as to divorce.

11The applicant’s threats of harm towards the respondent and his current wife, although highly improper, were not relevant to the issues nor extended this proceeding.

12What may have extended this proceeding is the applicant’s long struggle with depression and her dire financial conditions.

RULE 24 OF THE FAMILY LAW RULES

13Presumptively, the respondent under R. 24(1) of the Family Law Rules, O. Reg. 114/99 is entitled in this case to an award of costs.

14Neither party disclosed offers of settlement.

15In determining the amount of costs to be awarded, the court is required under R. 24 (11) (f) to consider “any other relevant matter”. There are two additional factors requiring consideration.

16The bad faith and unreasonable conduct considerations relied upon by the respondent under R. 24(8) and 24(11) (b) engage consideration of the applicant’s above state of health.

17Prior to having children, the applicant was a qualified engineer in Lebanon or Syria. For reasons known to the parties, the applicant stopped working in that field, was not employed and looked after the children.

18With the consent or urging of the respondent, the applicant moved to Canada to permit the children to pursue their university education in 2010. The applicant’s capacity to speak English is limited. She now finds herself in a foreign country with limited linguistic skills, without an income, no work experience for over 20 years, dependant on social assistance and potentially forced out of “her” residence in Canada.

19Notwithstanding the R. 24 (1) presumption entitling the respondent to costs, these factors must be considered in this cost determination: M. (C.A.) v. M. (D.) (2003), 67 O.R. (3d) 181 (Ont. C.A.), 2003 18880.

20The existence and value of property(ies) owned by the applicant in Lebanon and Syria is disputed. The evidence thereon was unclear and not specific.

21A party’s health and financial circumstances should not constitute absolute immunity to engage others in expensive litigation lacking of merit.

22The respondent is awarded costs herein against the applicant, totalling $1,000, inclusive of HST, payable within eight months of the date of this endorsement.

Kane J.