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]
Entitlement to Costs
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.
2Not 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.
3He 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.
4If he was taken by surprise, he didn’t vigorously object at the hearing.
5Moreover, 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.
6In my view, the father brought this very unhelpful motion because of his fear of losing control of the entire process.
7The father has not rebutted the presumption.
[8]
Quantum of Costs
The mother is entitled to her costs of the motion.
9She 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.
10The 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.
11Accordingly, 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