Court File and Parties

COURT FILE NO.: 44507-10(01) DATE: 2016-09-01 ONTARIO SUPERIOR COURT OF JUSTICE

B E T W E E N:

Matthew David Voisin Applicant

Glenda D. McLeod, Counsel for the Applicant

- and -

Karen Ann Voisin Respondent

John Opolko, Counsel for Respondent

THE HONOURABLE MR. JUSTICE P.J. FLYNN

COSTS RULING

[1] In my reasons on the motion I found no material change in circumstances which would warrant the variations sought by the father. And I indicated that because the mother was substantially successful she was presumptively entitled to her costs.

[2] Not only does the father now take issue with that presumption, he seeks costs on a full recovery basis in the amount of $31, 302.54.

[3] He relies on the “Respondent’s unreasonable conduct, approaching on bad faith”. And he says that the mother changed the basis of her argument at the hearing itself.

[4] If he was taken by surprise, he didn’t vigorously object at the hearing.

[5] Moreover, and I can’t be too emphatic about this, in the earlier consent orders he agreed that the mother have sole custody – a position from which he now wishes to resile.

[6] In my view, the father brought this very unhelpful motion because of his fear of losing control of the entire process.

[7] The father has not rebutted the presumption.

[8] The mother is entitled to her costs of the motion.

[9] She seeks partial indemnity costs to December 9, 2015 and full indemnity costs thereafter because of her Offer to Settle made December 9, 2015. The father should have accepted that Offer.

[10] The mother seeks total costs of $28,715.21 and given the costs claim of the father and the fact that he has not objected to the hourly rates of the mother’s counsel or time spent on the matter, I find her claim to be fair and reasonable and within the reasonable expectations of the father.

[11] Accordingly, I order the Applicant to pay the Respondent’s costs in the amount of $28,718.21.

P.J. Flynn J. Released: September 1, 2016