Asgill v Asgill, 2015 ONSC 276
COURT FILE NO.: 06-FL-1221
DATE: January 14, 2015
SUPERIOR COURT OF JUSTICE - ONTARIO
RE: Alain Asgill, Applicant
AND
Sandra Asgill, Respondent
BEFORE: The Honourable Mr. Justice Martin James
COUNSEL: Self-Represented Applicant and Respondent
HEARD: Written Submissions
COSTS ENDORSEMENT
James J.
[1] This is my disposition regarding legal costs that each party claims ought to be paid by the other party. The applicant, Alain Asgill, claims costs of $3,508.32. He was unrepresented although a lawyer attended the settlement conference with him. These fees and disbursements totaled $2,518.32. The balance of the claim primarily relates to parking and photocopy expenses.
[2] The respondent, Sandra Asgill, also unrepresented, disputes the applicant’s claim and asserts her own claim of $679.00, composed mostly of parking, photocopies and car mileage.
[3] The results of the trial were mixed but the final outcome requires a substantial payment by the applicant.
[4] Costs are generally awarded to the successful party but a number of factors are considered (see section 24, Family Law Rules). The determination of an entitlement to costs engages the discretionary powers of the trial judge. The fact that a party is unrepresented is not a bar to recovering costs but an award, if made, is usually substantially greater when a party is represented by counsel because of the amounts charged by lawyers for their services.
[5] Not all disbursements or out of pocket expenses are recoverable under the rules governing costs issues.
[6] On the facts of this case I am exercising my discretion not to award costs to either party.
[7] Subsequent to the release of my endorsement, the court received communications from both parties that go beyond addressing the issue of costs.
[8] A court order was prepared on October 31, 2014 which has the effect of finalizing the proceeding for all purposes except for the issue of costs. After the order has been entered in the records of the court, the trial judge’s role is at an end.
[9] Any matters raised by the parties subsequent to the trial other than the issue of costs will not be addressed nor will any communications be responded to.
Mr. Justice Martin James
DATE RELEASED: January 14, 2015
COURT FILE NO.: 06-FL-1221
DATE: January 14, 2015
ONTARIO
SUPERIOR COURT OF JUSTICE
RE: Alain Asgill, Applicant
AND
Sandra Asgill, Respondent
BEFORE: The Honourable Mr. Justice Martin James
COUNSEL: Self-Represented Applicant & Respondent
COSTS ENDORSEMENT
James, J.
Released: January 14, 2015