ONTARIO

SUPERIOR COURT OF JUSTICE

Court File No.: CV-14-25(SIM)
Date: 2015-07-27

RE: Connie Christine Stetler, a.k.a. Connie Christine Coderre

and Dudley Wyatt Herbert Stetler and Wyatt Gordon Stetler

BEFORE: The Honourable Mr. Justice D.J. Gordon

COUNSEL:
P.D. Amey, for the Applicant

J. Brown, for the Respondent

THE HONOURABLE MR. JUSTICE D.J. GORDON

Supplementary Endorsement re: Costs

[1] In my reasons for decision, released May 15, 2015, I invited written submissions from counsel on the issue of costs.

[2] Mr. Amey’s submissions were received on May 28, 2015. No submissions were presented by Mr. Brown.

[3] The applicant was successful. On her behalf, Mr. Amey now seeks substantial indemnity costs of $19,190.23. In the absence of responding submissions, it may be presumed the request is unopposed. Regardless, such a cost award is appropriate in this case.

[4] There were no offers to settle. Given the issues herein, compromise was not an option. Hence, the provisions in Rule 49.10 do not apply.

[5] Substantial indemnity costs are appropriate given the unreasonable conduct of the respondents in causing deliberate delay and running up the litigation expense as addressed in Rule 57.01.

[6] The applicant has been attempting to enforce a judgment obtained in a family law case several years ago. Her former husband and his father, the respondents, embarked on a strategy to frustrate her efforts in this regard by taking an improper position regarding a mortgage.

[7] The respondents also caused unnecessary delay in this proceeding. The applicant was successful on motions for disclosure and for cross-examination. This added to the litigation expense.

[8] I have reviewed the Bill of Costs presented by Mr. Amey. The recorded time and hourly rates are reasonable and appropriate in this case.

[9] In result, costs are awarded to the applicant, fixed in the amount of $19,190.23, inclusive of disbursements and HST, payable by the respondents forthwith.

Gordon, J.

Released: July 27, 2015