ONTARIO
SUPERIOR COURT OF JUSTICE
Court File No.: FS-10-69734-00
Date: 20151127
B E T W E E N:
Condon Patricia Carter
Rachel Jansen, for the Applicant
Applicant
- and -
William Alexander Carter
Eamon B. Nicholson, for the Respondent
Respondent
COSTS ENDORSEMENT
Tzimas J.
1I delivered my judgment in this case on July 17, 2015. On the subject of costs I encouraged the parties to reach a settlement on costs, failing which they were to make their submissions in writing.
2I have now reviewed those submissions. I conclude that the Applicant, Ms. Carter is entitled to costs on the principle of partial indemnity up until April 27, 2015 and full recovery after April 27, 2015. This takes into account requirements of Rule 24 of the Family Law Rules, the complexity of the issues before the court, as well as the implications of Ms. Carter’s Offer to Settle of April 27, 2015. In my specific review of the Bill of Costs, in the absence of reviewing the specific dockets and time allocation, even with partial indemnity, it would appear that in the time claimed for “Work performed prior to trial up to and including the Offer to Settle dated April 27, 2015”, there is some duplication. It is appropriate that there be some modest reduction in the fees claimed.
3On the subject of the disbursements, most of them are very reasonable and are accepted in full. The invoices from SLF are substantial and proportionately high when compared to the lawyers’ fees. However, I disagree with Mr Carter’s assessment of what the allowable disbursement ought to be particularly given the extensive work undertaken by SLF and the very helpful testimony in court. However, it is appropriate that I follow the partial indemnity / full recovery approach to this particular invoice.
4In the result, I fix costs, inclusive of disbursements and HST at $75,000.
Tzimas J.
Released: November 27, 2015
COURT FILE NO.: FS-10-69734-00
DATE: 20151127
ONTARIO
SUPERIOR COURT OF JUSTICE
B E T W E E N:
Condon Patricia Carter
Applicant
and –
William Alexander Carter
Respondent
COSTS ENDORSEMENT
Tzimas J.
Released: November 27, 2015