Hawkins v. Schlosser, 2015 ONSC 1691

COURT FILE NO.: FS3160-12

DATE: 2015/03/19

SUPERIOR COURT OF JUSTICE - ONTARIO

RE: Sylvia Hawkins v. Anthony Schlosser

BEFORE: Ellies J.

COUNSEL: In chambers, no one appearing

ENDORSEMENT

[1] In my endorsement of January 28, 2015, I invited costs submissions from the parties and set time limits for the receipt of those submissions. Those time limits have expired and the court has received submissions only from counsel for Mr. Schlosser.

[2] Mr. Schlosser seeks what amounts to full indemnity costs in the amount of $1,148.02, all-inclusive.

[3] In fixing the amount for costs, I have borne in mind the following factors, namely:

(a) the presumption set out in rule 24(1) of the Family Law Rules, O. Reg. 114/99, that a successful party is entitled to his costs on a motion, although this proceeding did not take the shape that a motion usually takes because it was decided under rule 2.1.03(1) of the Rules of Civil Procedure, R.R.O. 1990, O. Reg. 194;

(b) the principle of indemnity set out in rule 57.01(0.a) of the Rules of Civil Procedure;

(c) the fact that Ms. Hawkins’ application, rather than seeking relief from the declaration that she was a vexatious litigant, was a demonstration of how correct that declaration was; and

(d) the principle that costs overall should be fair and reasonable.

[4] In these circumstances, I believe that the costs sought by Mr. Schlosser are fair and reasonable. Mr. Schlosser should not be out-of-pocket as a result of the proceedings commenced by Ms. Hawkins in contravention of the order I made previously under section 140 of the Courts of Justice Act, R.S.O. 1990, c. C.43.

[5] Therefore, Ms. Hawkins shall pay costs to Mr. Schlosser is connection with the application found at tab 5 of the continuing record in the amount of $1,148.02, all-inclusive.

Ellies J.

Date: March 19, 2015