SUPERIOR COURT OF JUSTICE - ONTARIO
RE: January Ervin Kent, Applicant
AND
Roger Brian Kent, Respondent
BEFORE: Mr. Justice Kevin B. Phillips
COUNSEL: The Applicant, representing herself
Peter S. Mirsky, Counsel for the Respondent
HEARD: January 22, 2016
ENDORSEMENT ON costs
1The parties were before the Court for a trial which culminated in a decision issued January 22, 2016.
2As the decision itself makes clear, success at trial was evenly divided. The Applicant failed to demonstrate any arrears with respect to child support. The Respondent failed to establish any past overpayment warranting a credit against future support payable.
3I have reviewed the offers to settle exchanged in advance of the trial. It is clear that both parties failed to achieve their full objectives. Simply put, both lost and won in equal measure.
4There shall be no costs awarded arising out of the trial.
5Having said that, however, it remains the case that the Applicant brought a motion before Labrosse J. to set aside the terms of a separation agreement and its restrictions on spousal support. The Applicant failed completely in that regard.
6As found by Labrosse J., the Applicant voluntarily signed an agreement and then failed in her attempt to have it set aside. The Respondent incurred significant costs in defending the motion, which was, in essence, simply a request that the Applicant be held to her word.
7The Respondent should have his costs arising out of the Applicant's unsuccessful attempt to obtain spousal support in a manner inconsistent with the clearly expressed intentions of the parties as recorded in a separation agreement which she signed.
8I have considered the amount sought against the nature of the action and in particular against what the Applicant would have reasonably expected the Respondent to have to pay to defend. I consider the amount of $6,530.62 to be reasonable and appropriate in all the circumstances.
9The Applicant shall forthwith pay costs to the Respondent in the amount of $6,530.62.
Mr. Justice Kevin B. Phillips
Date: February 16, 2016
CITATION: Kent v. Kent, 2016 ONSC 1174
COURT FILE NO.: FC-06-1745-EC
DATE: 2016/02/16
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
RE: January Ervin Kent, Applicant
AND
Roger Brian Kent, Respondent
BEFORE: Mr. Justice Kevin B. Phillips
COUNSEL: The Applicant, representing herself
Peter S. Mirsky, Counsel for the Respondent
ENDORSEMENT ON costs
Phillips J.
Released: February 16, 2016