costs ENDORSEMENT
COURT FILE NO.: FC-08-2031-2
DATE: 20151117
SUPERIOR COURT OF JUSTICE - ONTARIO
RE: MANNY ANDRE, Applicant
AND
MARLENE ANN VAN GENTEVOORT, Respondent
BEFORE: Mr. Justice Robert N. Beaudoin
COUNSEL: Philip W. Augustine, for the Applicant
H. Hunter Phillips, for the Respondent
HEARD: By written submissions
[1] I released my decision on this motion to vary on March 18, 2015. I had requested written submissions on costs within 20 days of that decision. Subsequent to that date, the Respondent had to retain new counsel and it took some time to settle the order. As a result, costs submissions were only received on September 23 and 28, 2015.
[2] In this case, both parties made offers to settle and neither party’s offer was more favourable than the result obtained on the motion. For this reason, the provisions of Rule 18(4) of the Family Law Rules have no application.
[3] Success on the motion overall was divided. On the issue of the Applicant’s income, the Respondent was successful. The Applicant, however, was successful on the issue of the Respondent’s income. There was divided success on the issues of Nathan’s residence, retroactive child support and retroactive section 7 expenses. The Respondent was successful on the issues of Lucas’s residence and child support for Chloe.
[4] The Respondent notes that the Applicant has appealed my Order with respect to the determination of his income, Nathan’s residence in August 2014 and retroactive section 7 expenses. For this reason, the Respondent argues the Applicant cannot be considered to have been successful on the three issues that he is appealing.
[5] The Applicant argues that the Respondent has considerably greater financial resources than he does and that she has taken a very aggressive approach to every aspect of this matter resulting in his having to make numerous applications to the court to obtain the support which he is entitled. He seeks costs in the amount of $16,000.
[6] A review of the court file demonstrates that there have been numerous court applications in this matter, but there is nothing to suggest that the Respondent had taken a very aggressive or unreasonable approach with respect to this particular motion.
[7] While it is true that the Respondent enjoys a significantly greater income than the Applicant, I note that she is paying the Applicant $8,839.05 per month in spousal support.
[8] Given the divided success on the motion, I conclude that each party should bear his/her own costs of this motion.
Mr. Justice Robert N. Beaudoin
Date: November 17, 2015
COURT FILE NO.: FC-08-2031-2
DATE: 20151117
ONTARIO
SUPERIOR COURT OF JUSTICE
RE: MANNY ANDRE, Applicant
AND
MARLENE ANN VAN GENTEVOORT, Respondent
BEFORE: Mr. Justice Robert N. Beaudoin
COUNSEL: Philip W. Augustine, for the Applicant
H. Hunter Phillips, for the Respondent
costs ENDORSEMENT
Beaudoin J.
Released: November 17, 2015