CITATION: Vojan v. Lauzon, 2015 ONSC 1975
COURT FILE NO.: 5618/13 AP
DATE: 20150326
ONTARIO
SUPERIOR COURT OF JUSTICE
B E T W E E N:
ALEX VOJAN
Julie Richard-Gorman, for the Applicant/Respondent
Applicant/Respondent
- and -
CARMEN LAUZON
Robert Dinnen, for the Respondent/Appellant
Respondent/Appellant
HEARD: January 19, 2015
D E C I S I O N O N C O S T S
WILCOX, J.
[1] After dismissing the Respondent’s appeal of the decision after trial of Maille J., I invited written costs submissions if the parties could not agree as to costs. Submissions have now been received from both sides.
[2] The hearing of the appeal itself did not exceed a day in length.
[3] The successful Applicant/Respondent on appeal sought costs for the period from the day of the trial decision up to date. He sought these on a full indemnity basis on the ground that efforts to settle the costs issue and avoid the extra expense of preparing and filing costs submissions were not responded to. I do not think that that is sufficient reason to order costs throughout on a full indemnity basis. Even if it might have been reason to order full indemnity costs for the time invested in dealing with costs, this was not broken out in the Bill of Costs filed.
[4] The costs submissions of the Respondent/Appellant oppose awarding full indemnity costs, and indicate without specifics that she is of very limited financial means.
[5] I have taken into account the factors enumerated under Family Law Rule 24, including the time spent, the result achieved, and the complexity of the matters, as well as the application of the principle of proportionality. In addition, I have considered the principles set forth by the Court of Appeal in Boucher v. Public Accountants Council for the Province of Ontario (2004), 2004 CanLII 14579 (ON CA), 71 O.R. (3d) 291 (C.A.) and Davies v. Clarington (Municipality) (2009), 2009 ONCA 722, 100 O.R. (3d) 66 (C.A.), specifically that the overall objective of fixing costs is to fix an amount that is fair and reasonable for an unsuccessful party to pay in the particular circumstances, rather than an amount fixed by actual costs incurred by the successful litigant.
[6] I conclude that an award of costs for partial indemnity in the amount of $11,000 inclusive of fees, disbursements and HST, would be a reasonable one in the circumstances, and I order the Respondent/Appellant to pay to the Applicant/Respondent that amount within 30 days.
Justice J.A.S. Wilcox
Released: March 26, 2015