ONTARIO
SUPERIOR COURT OF JUSTICE
COURT FILE NO.: 15-52929
DATE: 2015/11/19
B E T W E E N:
Donna Lyn Corewyn
Lorna A. George, for the Applicant
Applicant
- and -
Williamina Ena McCulloch, and The Public Guardian and Trustee and William Millman McCulloch
John V. Kranjc, for the Respondent William Millman McCulloch
Respondents
No-one appearing for The Public Guardian and Trustee
The Honourable Justice P. R. Sweeny
COSTS ENDORSEMENT
[1] On September 29, 2015, I appointed the applicant as guardian of the person and property of Williamina Ena McCulloch (“Ena”). In my decision, I invited the parties to agree as to costs and, if not, I would receive submissions. The parties did not agree and I received submissions and bills of costs from the applicant and the respondent William Millman McCulloch (“Bill”). The applicant seeks costs of $17,491.91 to be paid by Bill. She says that she was successful and she should receive her costs. She also points to an offer to settle and says that as the order that was granted was better than her offer to settle, that is a factor I should consider in my award of costs.
[2] Bill says that costs should be paid by Ena because she named Bill as attorney for property and personal care in her powers of attorney and her decision was the cause of the issue. He asserts that the offer to settle is indeterminate of the issue of costs. In addition, he claims that more time was spent than was necessary.
[3] It is not appropriate to say that Ena’s naming him as her attorney was the cause of the application. Her circumstances changed. Bill’s circumstances changed. Those changes led to this application. The applicant was successful and, in the circumstances, she is entitled to her costs. The costs shall be paid by Bill because he opposed the application.
[4] On what scale should the costs be paid? In my view, the offer to settle is not determinative of the costs issues. The offer to settle required no involvement of Sara, which was not part of my decision. It is appropriate that the applicant receive her costs of the application of a partial indemnity basis.
[5] What is appropriate quantum? I note that the time spent in preparing the guardianship plan was necessary in order for the applicant to be appointed. In the circumstances and, considering the time spent, I fix the costs of the applicant in the amount of $8,000.00 plus HST. I exclude the payment to the PGT of $250.00 which should not be paid by Bill and fix the disbarments at $900.00 plus HST.
[6] In the result, the respondent, William Millman McCulloch, shall pay to the applicant, Donna Lyn Corewyn, costs on a partial indemnity basis fixed in the sum of $10,000.00 all-inclusive forthwith.
Sweeny J.
Released: November 19, 2015
COURT FILE NO.: 15-52929
DATE: 2015/11/19
ONTARIO
SUPERIOR COURT OF JUSTICE
B E T W E E N:
Donna Lyn Corewyn
Applicant
- and –
Williamina Ena McCulloch, and The Public Guardian and Trustee and William Millman McCulloch
Respondents
COSTS ENDORSEMENT
Sweeny J.
Released: November 19, 2015