Court File and Parties

Hill v. Mayne, CITATION : 2016 ONSC 4570 COURT FILE NO.: 11989/01 DATE: 2016-07-12 SUPERIOR COURT OF JUSTICE – ONTARIO

RE: Linda Suzanne Hill, Applicant AND: Edgar Frederick Mayne, Respondent

BEFORE: Mr Justice Ramsay

COUNSEL: Joseph E. Sloniowski for Applicant Hendrik Keesmat for Respondent

Endorsement

[1] The Applicant moved unsuccessfully for production of documents, further questioning in Ontario and interim funding of legal fees by the Respondent: 2016 ONSC 4089. The Respondent now asks for costs. Costs of an appearance before Harper J. on May 13, 2016, at which the motion was adjourned to the date when I heard it, were reserved to me.

[2] The Respondent asks for substantial indemnity fixed at $20,068.06. The Applicant has not filed submissions in response although the time to do so expired on July 5.

[3] I do not agree with the Respondent’s submission that the Applicant’s position was unreasonable. Obviously I did not accept that it had merit, but that is as far as I go. The Respondent was successful and is entitled to partial indemnity. The cost of producing what was sought and travelling from British Columbia for questioning (of the Respondent and his wife) would have been significant. The interim funding request put a further $37,000 at stake. Two appearances were necessary. Counsel for the Respondent has 44 years at the bar. In my view an amount that might reasonably have been contemplated would be $10,000. I order the Applicant to pay costs to the Respondent in that amount, all inclusive, forthwith.

J.A. Ramsay J. Date: 2016-07-12