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
1In my reasons for decision, released May 15, 2015, I invited written submissions from counsel on the issue of costs.
2Mr. Amey’s submissions were received on May 28, 2015. No submissions were presented by Mr. Brown.
3The 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.
4There were no offers to settle. Given the issues herein, compromise was not an option. Hence, the provisions in Rule 49.10 do not apply.
5Substantial 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.
6The 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.
7The 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.
8I have reviewed the Bill of Costs presented by Mr. Amey. The recorded time and hourly rates are reasonable and appropriate in this case.
9In 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