Superior Court of Justice - Ontario

CITATION: Courtney v. Sambray, 2015 ONSC 4014

BARRIE COURT FILE NO.: FC-14-1156

DATE: 20150622

RE: JOHN COURTNEY, Applicant/Respondent on Motion

AND:

CANDICE SAMBRAY, Respondent/Moving Party

BEFORE: The Hon. Mr. Justice R.E. Charney

COUNSEL: K. Yanovsky Counsel, for the Applicant/Respondent on Motion Chris Severn Counsel, for the Respondent/Moving Party

HEARD: By Written Submissions

COSTS ENDORSEMENT

[1] On May 11, 2015 I allowed the Respondent’s motion and issued an Order that neither party move their two children (ages 4.5 and 2 years), or either child individually, more than 10 kms outside of the City of Barrie until further Order of the Court. I invited the parties to make submissions on costs, and I have received and reviewed the submissions of both parties. The moving party seeks costs in the amount of $3531.25. She relies on Rule 24 of the Family Law Rules which provide that there is a presumption that a successful party is entitled to costs of a motion, and sets out a number of considerations relating to costs including the reasonableness of the parties’ behaviour, whether there were any offers to settle, and the importance and complexity of the issues. While the Respondent was successful on this motion, the Applicant's decision to move to Midland to pursue job opportunities and reduce his rental costs may have been a reasonable decision in other circumstances. In the circumstances of this case it was not a practicable decision given the best interests of the children and the Respondent’s right of access.

[2] Accordingly, taking into account the various considerations set out in Rule 24, I Order costs payable to the moving party Candice Sambray and fix costs at $1000. Given the financial considerations raised by Mr. Courtney, costs may be paid by him $100 per month over the next 10 months.

CHARNEY J.

Date: June 22, 2015