Dalcourt v. Dalcourt, 2015 ONSC 3268
COURT FILE NO.: D-20587-13
DATE: 2015-05-27
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
Chantal Therese Dalcourt
Applicant
– and –
Yvan Normand Dalcourt
Respondent
Nicola S. Munro, for the Applicant
Yvan Normand Dalcourt, Acting in person
HEARD: Written Submissions
RULING ON COSTS
O’NEILL, J.
[1] On April 16, 2015, I made several orders in relation to the motion before me. These orders included temporary or interim custody, interim access, ongoing disclosure involving the children and interim child support.
[2] Some of the orders made were arrived at by consensus. Others required submissions and a decision by the court. In February and March 2015, Justices Wilcox and Gauthier made other orders in relation to issues in dispute.
[3] The matter came before me by way of a notice of motion first made returnable on February 27, 2015, and then returned to the motions court list on April 16, 2015. In support of the motion, Chantal Dalcourt swore an affidavit on February 20, 2015. Mr. Dalcourt swore an affidavit on February 27, 2015.
[4] The orders which I made could not have been made without this matter being returned to motions court. Put simply, without court intervention, the parties were not able to reach an agreement over the matters in dispute.
[5] Mr. Dalcourt was not represented by a lawyer. Mrs. Dalcourt was. I have reviewed the bill of costs prepared by Mrs. Dalcourt’s lawyer. Between February 20 and April 16, 2015, not including legal work for court on February 27, work in relation to the settlement conference brief, and court attendances before Justice Gauthier on March 27 and April 2, 2015, Mrs. Dalcourt was billed approximately $2,586 for work done in relation to the motion I presided over. Her counsel is seeking a reimbursement costs award of approximately $3,000.
[6] Mr. Dalcourt filed costs submissions with the court. He indicated that given his financial situation, combined with his child support obligations, he would be under additional undue financial pressure if he were ordered to pay any portion of Mrs. Dalcourt’s legal bill.
[7] In my view, Mrs. Dalcourt should not be left alone to pay the approximate sum of $2,586 attributable to legal fees in relation to this motion. It would not be fair to have her shoulder 100% of this responsibility. In the exercise of my discretion, I would order Mr. Dalcourt to contribute approximately 50% to this bill, or the sum of $1,275. It is to be remembered, however, that while some of my orders were made after arguments by each party, other orders resulted more as a result of a consensus reached by the parties.
[8] Mr. Dalcourt shall accordingly pay as costs, the sum of $1,275 fixed herein by me. Payment shall be made on or before July 31, 2015.
[9] Order accordingly.
The Honourable Mr. Justice J.S. O’Neill
Released: May 27, 2015
CITATION: Dalcourt v. Dalcourt, 2015 ONSC 3268
COURT FILE NO.: D-20587-13
DATE: 2015-05-27
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
Chantal Therese Dalcourt
Applicant
– and –
Yvan Normand Dalcourt
Respondent
RULING ON COSTS
O’Neill, J.
Released: May 27, 2015