Court File and Parties

CITATION: Wood v. Evans, 2016 ONSC 629

COURT FILE NO.: FC-15-689

DATE: 2016/01/27

SUPERIOR COURT OF JUSTICE - ONTARIO

RE: Susan Patricia Wood, Applicant

AND

Raymond Todd Evans, Respondent

BEFORE: Mr. Justice Kevin B. Phillips

COUNSEL: Stéphane A. MonPremier, Counsel for the Applicant

Brian Hall, Counsel for the Respondent

HEARD: December 2, 2015

ENDORSEMENT ON costs

[1] The Applicant mother brought a motion for guideline child support from the Respondent father and payment of section 7 expenses on a pro-rata basis.

[2] The Applicant was completely successful on her motion.

[3] Moreover, it is clear that the Applicant’s success on the motion was in excess of her offers to settle the matter made February 3, 2015 and October 15, 2015.

[4] Rule 24(1) of the Family Law Rules (FLR) provides that a successful party is presumptively entitled to the costs of a motion. In addition, Rule 18(14) of the FLR provides that a party is entitled to costs on a “full recovery basis”, if a party who made an offer to settle obtains a result that is more than the offer.

[5] The Applicant seeks recovery of $9,213.83.

[6] I have reviewed the Bill of Costs submitted which outlines the various steps undertaken which give rise to the amount of costs in question. I find those steps to be entirely reasonable in the circumstances. It is clear that the Applicant made considerable efforts to negotiate a settlement of this dispute. Each of her decisions in that regard were appropriate and necessitated by the positions taken by the Respondent. I find that the quantum of time expended on this matter by the Applicant is both extraordinarily high and required by the Respondent Father’s rigid and unreasonable conduct of this piece of litigation.

[7] The Applicant shall have her costs. The Respondent shall pay $9,213.83 to the Applicant within 90 days.

Mr. Justice Kevin B. Phillips

Date: January 27, 2016

CITATION: Wood v. Evans, 2016 ONSC 629

COURT FILE NO.: FC-15-689

DATE: 2016/01/27

ONTARIO

SUPERIOR COURT OF JUSTICE

BETWEEN:

RE: Susan Patricia Wood, Applicant

AND

Raymond Todd Evans, Respondent

BEFORE: Mr. Justice Kevin B. Phillips

COUNSEL: Stéphane A. MonPremier, Counsel for the Applicant

Brian Hall, Counsel for the Respondent

ENDORSEMENT ON costs

Phillips J.

Released: January 27, 2016