Court File and Parties
COURT FILE NO.: FS-16-0009 DATE: 2016 06 29 SUPERIOR COURT OF JUSTICE - ONTARIO
RE: Mili Arora, Applicant AND: Sahil Luthra, Respondent
BEFORE: Fragomeni J.
COUNSEL: Sandra Lozano and Lester Cuellar, for the Applicant Robert A. Fernandes, for the Respondent
Endorsement Re: Costs
[1] In my endorsement of June 3, 2016 I agreed with the position of the father that the additional evidence ought to be permitted at the appeal hearing.
[2] At paragraph 16 of my endorsement I stated that I agreed with the wife’s position that the husband should not have proceeded with this type of motion as a 14B Motion pursuant to Rule 14(10) of the Rules of Civil Procedure, R.R.O. 1990, Reg. 194. I found that the motion brought by the husband does not fall within the parameters of that rule and that Justice Dunn clearly acknowledged that in his Endorsement of January 18, 2016.
[3] I also found that the directions of Justice Dunn as set out in his January 18, 2016 endorsement were reasonable and appropriate. Justice Edwards also concluded that the issue of the validity of the consent is properly dealt with in the Ontario Court. In these circumstances it was not reasonable for the wife to have appealed the order of Justice Dunn.
[4] The husband submits he was successful at the appeal and as such seeks costs in the sum of $9,751.34 all-inclusive.
[5] The wife submits she was successful and seeks costs in the all-inclusive sum of $9,887.50.
[6] In my view, both parties are responsible for their own legal expenses in the process that unfolded and resulted in an appeal being launched and ultimately dismissed.
[7] The father should not have proceeded as he did with a Rule 14B Motion. The wife should not have proceeded with an appeal but rather followed the reasoned directions of both Justice Dunn and Justice Edwards.
[8] In all of these circumstances I am satisfied that each party should pay their own costs of all attendances in the Superior Court of Justice, including the appeal hearing.
Fragomeni J. Date: June 29, 2016