Thuraisingam v. Ratnam, 2015 ONSC 3176

COURT FILE NO.: FS-13-18899

DATE: 20150520

SUPERIOR COURT OF JUSTICE - ONTARIO

RE: SUNITHIRA THURAISINGAM, Applicant

AND:

JEGANATHAN RATNAM, Respondent

BEFORE: Madam Justice McWatt

COUNSEL: Pamela S. Jacobson, for the Applicant

Veena Pohani, for the Respondent

HEARD: February 2, 3, 4 and 5, 2015

ENDORSEMENT ON COSTS

[1] As I indicated in my judgment of March 20, 2015, the success in this trial was split between the parties.

[2] Each party shall bear their own costs for the following reasons:

(1) Although the applicant maintains she won two of the three issues at trial (Access, and Child and Spousal Support), the access issue was not litigated and there are no costs shown on the applicant’s Bill of Costs for that issue. Each party won one of two issues to be decided at the trial;

(2) The respondent was already paying child support and litigated the issue because he could not accept the applicant’s Offer to Settle. She did not beat the offer at the trial;

(3) The applicant lost her Constructive Trust Claim, which was, by far, the most money at issue in the trial;

(4) The respondent claimed unreasonable expenses from his employment income;

(5) The applicant was entitled to spousal support and, while she did not beat her Offer to Settle on this issue, the respondent made no offer at all, but was then ordered to pay a modest monthly amount;

(6) The applicant was forced to bring a motion for a Certificate of Pending Litigation when Mr. Ratnam tried to sell his house before the trial.

McWatt J.

Date: May 20, 2015