Court File and Parties

CITATION: Goth v. Pfeiffer, 2015 ONSC 2173

COURT FILE NO.: F-824/13

DATE: 2015-04-07

SUPERIOR COURT OF JUSTICE - ONTARIO

RE: Lisa Margart Goth, Applicant

AND:

Marcus Pfeiffer, Respondent

BEFORE: G. E. Taylor

COUNSEL: Nicole Matthews, Counsel for the Applicant

Kanata J. Cowan, Counsel for the Respondent

HEARD: March 16 and 17, 2015

Costs ENDORSEMENT

[1] This was a motion by the respondent to require the case to be set down for trial and a counter motion by the applicant seeking to have the respondent found in contempt for failure to comply with court orders requiring financial disclosure. The parties were granted leave to call oral evidence on the motions.

[2] At the conclusion of the argument, I made a further order for financial disclosure against the respondent and dismissed his motion to have the action placed on trial list. In my Endorsement I also stated that the applicant was entitled to costs of both motions. Counsel have provided me with written submissions with respect costs.

[3] I repeat the following observation which I made in my Endorsement:

Having heard the testimony of Mr. Pfeiffer I am satisfied that he has intentionally refused to produce relevant documentation in relation to his income and expenses for the purpose of frustrating a court in determining the appropriate amount of child support that he should have paid.

[4] Counsel for the applicant submitted a Bill of Costs totaling $12,090 for fees and $1053 for disbursements. Based on my review of the detailed a time dockets which were submitted together with the Bill of Costs, it appears to me that the amount claimed for fees and disbursements relates to more than the two motions which I heard.

[5] In my view, the most important factor in fixing costs with respect to this step of this case is to send a message to the respondent and his counsel that nothing short of full and complete financial disclosure is acceptable. Accordingly, costs of the motions are fixed at $7500 inclusive of disbursements and HST payable by the respondent within 30 days.

G. E. Taylor, J.

Date: April 7, 2015