Superior Court of Justice - Ontario

Citation: Baker v. Baker, 2016 ONSC 1617

Court File No.: 6242/15

Date: 2016-03-07

Re: Roger Baker, Applicant

And: Lillian Baker, Respondent

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

Counsel: Robert MacLeod, Counsel for the Applicant Debora A. Lyons-Batstone, Counsel for the Respondent

Heard: January 28, 2016

SUPPLEMENTARY ENDORSEMENT re: COSTS

[1] In my endorsement, released February 3, 2016 (2016 ONSC 845), I invited written submissions from counsel on the issue of costs.

[2] Three issues were raised in the two motions of the parties:

(a) sale of the matrimonial home;

(b) transfer of the case to Simcoe County; and

(c) accounting, disclosure and questioning.

[3] The applicant was more successful than the respondent. I directed the sale of the matrimonial home on terms, adjourned the request for transfer until after the trial management conference and that the parties comply with the prior disclosure consent plus serve an affidavit of documents and attend for questioning.

[4] I remain of the view this is not a difficult case. The consent of the parties, dated June 5, 2015 ought to have resolved disclosure. Once the documentation is assembled, resolution of the claims is essentially a matter of calculation. The critical event is dealing with the matrimonial home, their principal asset. A sale is necessary to complete the equalization of net family properties.

[5] On behalf of the applicant, Mr. MacLeod seeks a cost award of $2,500, inclusive of HST and disbursements, payable out of the joint Meridian Credit Union account. Ms. Lyons-Batstone, for the respondent, suggests no order for costs or that costs be in the cause.

[6] The applicant is entitled to a cost award. The request for payment from the joint account, in that the parties have limited resources, may be appropriate. However, I am not prepared to do so in light of the outstanding disclosure and the uncertainty of the net family property calculation. The quantum sought is reasonable, being less than partial indemnity.

[7] In result, costs are awarded to the applicant, fixed in the amount of $2,500, inclusive of HST and disbursements. The cost award shall be paid from the net matrimonial home sale proceeds, prior to deposit in trust as directed in paragraph 35(e) of my prior endorsement and to be accounted for in the ultimate calculations and disbursement of the trust funds.

D.J. Gordon J.

Date: March 7, 2016