CITATION: Robertson v Robertson, 2016 ONSC 2247
COURT FILE NO.: 48680/14
DATE: 2016-04-01
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
Carinna Maria Robertson
Applicant
– and –
Michael James Leslie Robertson
Respondent
Hamoody Hassan - Counsel for the Applicant
Self-Represented - Counsel for the Respondent
THE HONOURABLE MR. JUSTICE J. W. SLOAN
COSTS endorsement
[1] The applicant was substantially successful at trial and now seeks costs inclusive of HST and disbursements on a substantial indemnity basis in the amount of $186,101.56 or alternatively on a partial indemnity basis in the amount of $122,951.98
[2] The respondent’s submission on costs was an attempt to essentially relitigate the action.
[3] Essentially the applicant’s position is that the respondent took unreasonable positions throughout this matrimonial litigation and did not respond to her Offers to Settle and made no Offers to Settle of his own.
[4] There is no doubt that the applicant was substantially successful at trial and that her last Offer to Settle was close to what the court ultimately determined.
[5] The only partial success of the respondent with respect to the applicant’s offer to settle is that the court imputed income to him of $33,000 per year and not $50,000 per year.
[6] Offers to Settle and the cost consequences of same are there for several reasons, one of which is to promote settlement and the other is to discourage unreasonableness.
[7] On the evidence before me the respondent did virtually nothing to promote settlement and in fact took unreasonable positions with no objective evidence to back them up which resulted in a four-day trial.
[8] There is little doubt that his modus operandi would also have been responsible for the applicant’s motions and for little, if any progress, being made at the Case or Settlement Conferences.
[9] During part of this litigation the respondent had legal representation and would have undoubtedly been told of his responsibility to produce documents in a timely fashion and to attempt to settle as many issues as possible.
[10] I find the applicant’s lawyer’s cost outline somewhat difficult to follow. I do not know what he means when he refers to “remote preparation” for most of his items.
[11] It appears that the applicant is asking for costs for more than one motion and if that is the case, it seems to me that each motion should be a separate entity in the cost outline. For practical reasons those costs should have been fixed at the end of each motion.
[12] If the applicant is asking for costs with respect to motions heard in the Ontario Court of Justice those costs should be sought in that court.
[13] While this may very well have been a frustrating case for the applicant, it was not an overly complicated case with respect to the monetary issues before me.
[14] It is not clear to me whether or not the claim for all of the lawyers’ time is for this action or also includes time spent in the Ontario Court of Justice.
[15] I don’t believe I have jurisdiction to award costs for proceedings in the Ontario Court of Justice and have not been referred specifically to any cases on that point.
[16] What is evident from the Bill of Costs, is that approximately 450 hours of lawyers time has been spent on this file.
[17] That in my opinion is excessive, although I am prepared to concede that more time than usual would have been spent on the file because of the tactics deployed by the respondent.
[18] I am prepared to allow the applicant her costs for all Superior Court proceedings to date inclusive of HST in the amount of $67,800 plus disbursements inclusive of HST in the amount of $5,610.05 for a total of $73,410.05.
[19] The full amount of costs shall constitute a support order within the meaning of S. 1 (1) of The Family Responsibility and Support Arrears Enforcement Act.
J. W. Sloan J.
Released: April 1, 2016
CITATION: Robertson v Robertson, 2016 ONSC 2247
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
Carinna Maria Robertson
Applicant
– and –
Michael James Leslie Robertson
Respondent
REASONS FOR JUDGMENT
J. W. Sloan J
Released: April 1, 2016