Hayes v. Ladniak, 2016 ONSC 2231

Court File No.: 7/15 Date: 2016-04-01 Superior Court of Justice – Ontario

Re: June Elizabeth Hayes, Applicant And: Walter Wayne Ladniak, Respondent

Before: Mr Justice Ramsay

Counsel: Applicant self-represented Mr Paul R. Heath for the Respondent

Heard: March 7-9, 2016 at Welland

Endorsement

[1] The Respondent moved successfully to terminate child support (2016 ONSC 1710) and now asks for costs fixed at $5856 on a partial indemnity basis. The Applicant refused the Respondent’s request to FRO to stop enforcement in 2014. At that point the child had finished post-secondary. The Applicant’s refusal resulted in a three-day trial that was mostly taken up with evidence about where the child lived, a point that ended up being decided against the Applicant and that did not decide the issue in any event. The Applicant had no basis for continued child support from March 2012. She refused an offer to settle that would have got her more than she ended up getting. She now says that she had to keep the litigation going to collect arrears. That is not correct. Arrears continue to be enforceable after ongoing support is terminated. The Applicant submits that each party should bear his and her own costs and says, “I agree to close the case if both parties walk away once and for all.”

[2] The Applicant’s offer comes two years too late. The Respondent is entitled at least to partial indemnity. The amount requested is modest. It reflects the fact that the Respondent was not represented until a short time before the trial. I fix costs at $5,856 and order the Applicant to pay them forthwith. I order that this amount be deducted from any arrears that might remain owing by the Respondent.

J.A. Ramsay J.

Date: 2016-04-01