Court File and Parties
CITATION: Noël vs. Noël, 2016 ONSC 5122
COURT FILE NO.: 07-2015
DATE: 2016/08/08
SUPERIOR COURT OF JUSTICE - ONTARIO
RE: Stéphane Noël, Applicant
AND
Jaimie Noël, Respondent
BEFORE: The Honourable Justice M.Z. Charbonneau
COUNSEL: Michèle Labrosse for the Applicant Nadim Barsoum for the Respondent
HEARD: Written submissions
ENDORSEMENT ON COSTS
[1] The highly contested issue in this case was the entitlement of the applicant to spousal support. The applicant was substantially successful at trial on this issue.
[2] The parties had managed to settle many issues shortly before trial. The remaining contested issues were: 1) the income of the respondent for support purposes; 2) retroactivity of both spousal and child support; and 3) special expenses.
[3] The retroactivity and special expenses issues were no longer contested issues at the end of trial as the respondent essentially agreed to the position of the applicant. Unfortunately those issues were the subject of unnecessary debate during the trial as a result of the applicant’s untenable position.
[4] In so far as the income issue, the success was somewhat split. However, it remained a highly divisive issue for most of the trial as a result of the respondent’s failure to fully disclose her financial situation in a timely manner.
[5] I find the applicant is entitled to a reasonable amount of costs on a partial indemnity basis. The award is increased to take into account the failure of the respondent to disclose which unnecessarily increased the length and complexity of this litigation.
[6] I fix the award of costs at $30,000 all-inclusive payable within 30 days. That sum to be deducted from the amount owed by the applicant on account of the equalization of net family property.
The Honourable Justice M.Z. Charbonneau
Date: August 8, 2016
COURT FILE NO.: 07-2015
ONTARIO
SUPERIOR COURT OF JUSTICE
RE: Stéphane Noël, Applicant,
AND
Jaimie Noël, Respondent,
BEFORE: The Honourable Justice M.Z. Charbonneau
COUNSEL: Michèle Labrosse for the Applicant Nadim Barsoum for the Respondent
ENDORSEMENT ON COSTS
Charbonneau, J.
Released: August 8, 2016