Court File and Parties
Court File No.: FS-04-FP296021 Date: 20160617 Superior Court of Justice - Ontario
Re: JEANNIE MARTINEZ, Applicant And: IBNEE HOSEIN, Respondent
Before: Harvison Young J.
Counsel: Louis Mostyn, for the Applicant Ibnee Hosein, appearing in person
Heard: In Writing
Endorsement
[1]
Background
On April 14, 2016, I released an endorsement on costs in which I ordered that there be no order as to costs in this matter. As my reasons indicated, the trial had been scheduled to begin on November 30, 2015. I was advised that the access issue had settled at the time court opened and the only remaining issue was child support. The parties reached agreement on this issue as well within an hour. They were not able to agree as to costs and I invited brief written submissions.
[2]
Correction of Factual Error
Following the release of my endorsement on costs, I received a letter from Mr. Mostyn in which he indicates that I may have made a factual error in my endorsement in referring to the mother having been living in a condominium with respect to which Mr. Hosein had previously been paying expenses. He states that this was not the case and invited me to review my endorsement accordingly.
3I have now reviewed my decision with respect to costs. I agree with him that there is nothing in the record (including the digital recordings certified by the court reporter who was there on November 30 which I have listened to) which refers to Ms. Martinez living in a condominium. Having reviewed my notes in relation to other matters before me during the week of November 30, 2015, I have come to the conclusion that I was mistaken in my recollection that Ms. Martinez was living in a condominium whose expenses had been covered by the father. I apologize to the parties for this error on my part.
[4]
Directions for Submissions
In light of this, I invite the applicant and respondent to make any additional written submissions. In particular, I note that Mr. Mostyn submits that Mr. Hosein’s failure to follow court procedures and the Family Court Rules have resulted in delays and increased costs to the applicant mother. Mr. Mostyn is also critical of the respondent father for failing to respond in any cogent or clear manner to offers to settle. I would ask Mr. Mostyn to submit copies of such offers to me so that I may consider them relative to the terms agreed upon on before me November 30, 2015. I would ask that the applicant serve and file any additional submissions with the family court by June 30, 2016 and that the respondent Mr. Hosein do so no later than July 9, 2016. In the event that I receive no submissions, I will rely only on the materials I have already received and reconsider the matter of costs of the action in light of those.
Harvison Young J.
Date: June 17, 2016