Court File and Parties

Court File No.: FC-13-1437 Date: 2016/09/16 Superior Court of Justice - Ontario

Re: Marzena Anna Urban, Applicant And Christopher Peter Urban, Respondent

Before: Madam Justice Mackinnon

Counsel: R. Bowles, for the Applicant the Moving Party R. Cross, for the Respondent

Heard: Written submissions

Costs Endorsement

[1] I am asked to fix costs of a motion heard by R. Smith J on March 10, and the motion I heard on August 25, 2016, with respect to payment of section 7 expenses by the Applicant mother to the Respondent father. He was the moving party in both instances.

[2] The Respondent did not achieve anything near his claim. His offer to settle also far exceeded the outcome as ordered. In addition the process he adopted was incorrect.

[3] The outcome as ordered was somewhat higher than the mother’s offer to settle, but her offer was more reasonable than the father’s demand. Her offer was not made until August 17. Prior to that time she had resisted any contribution to him towards the section 7 expenses being claimed. Nor did she deliver a financial statement as required by the Family Law Rules.

[4] Based on these facts an award of no costs would not be unreasonable. Having regard to the offsetting factors, to the low amount achieved by the father in relation to his claim, and to the proximity of the mother’s offer to the amount ordered, I have concluded that she should have some costs in relation only to the final preparation and argument of the motion I heard, which I fix at $ 900.00 inclusive.

The Honourable Madam Justice Mackinnon Date: September 16, 2016