ONTARIO

SUPERIOR COURT OF JUSTICE

COURT FILE NO.: FS-12-87 (SIM)

DATE: 2015-09-14

RE: Gordon Lloyd Jackson and Karen Joy Jackson

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

COUNSEL: J. Battin, for the Applicant
R. MacLeod, for the Respondent

THE HONOURABLE MR. JUSTICE D.J. GORDON

Supplementary Endorsement re: Costs

[1] In my reasons for decision, released July 9, 2015, I invited written submissions from counsel on the issue of costs.

[2] The primary issues at trial were spousal support and equalization of net family property. Custody of the children was previously resolved and access was only a minor dispute. Ms. Jackson was successful at trial and, on her behalf, Mr. MacLeod now seeks substantial indemnity costs of $26,061.24, inclusive of HST and disbursements.

[3] No submissions were received for Mr. Jackson. On August 19, 2015 Mr. Battin requested a three week extension to obtain instructions and prepare responding submissions.

[4] Mr. MacLeod reports that not all of his time on the file was recorded or billed to Ms. Jackson as she was of limited means. Having regard to the nature of the issues and the history of this case, I am satisfied with the accuracy of this submission.

[5] This case should have been resolved at or shortly after the case conference. Mr. Jackson, however, was unreasonable in his position and, as well, refused to provide full and complete disclosure.

[6] Ms. Jackson is entitled to a cost award. I would have considered full indemnity costs for all time and services provided by Mr. MacLeod. He is content to restrict the claim to only fees and disbursements as billed, a more than reasonable position.

[7] In result, the respondent is awarded costs, fixed in the amount of $26,061.24, payable forthwith by the applicant.

Gordon, J.

Released: September 14, 2015