CITATION: Snell v. Conflitti, 2017 ONSC 157
COURT FILE NO.: FS-15-0176-00
DATE: 20170109
SUPERIOR COURT OF JUSTICE – ONTARIO
RE: Lisa Anne Snell v. Gabriele Conflitti
BEFORE: Van Melle J
COUNSEL: S. Mott-Trille, for the Applicant
COSTS ENDORSEMENT
[1] This matter came before me as an uncontested trial on November 21, 2016. At that time, at counsel’s request, I adjourned the issue of costs for written submissions.
[2] Ms. Snell claims costs and disbursements of $57,710.43.
[3] In her submissions, she alleges that her legal costs were increased by the Respondent’s ongoing pattern of unreasonable behaviour and defiance of court orders. She cites as examples his failure to comply with requests for disclosure (including refusing to provide court ordered disclosure), refusing to pay support after the parties’ separation and refusing to pay court-ordered costs.
[4] In fact, the Respondent’s failure to comply with court orders resulted in the striking of his pleadings.
[5] Ms. Snell cites as well the fact that she made a number of reasonable offers to settle, none of which was accepted by the Respondent.
[6] There is no question that in these circumstances the Respondent’s behaviour served to increase legal costs and thus for the most part I have accepted the items enumerated the Ms. Snell’s Costs Outline. The only difficulty I have concerns a couple of court appearances (e.g. the case conference before Justice Snowie) where the issue of costs was not addressed. In those circumstances costs are not awarded to either party and therefore no costs can be awarded now.
[7] I have carefully reviewed the Costs Outline in support of this request. Taking a holistic view and bearing in mind the foregoing, I am satisfied that an Order shall issue compelling the Respondent to pay costs to the Applicant in the total amount of $50,000.00 inclusive of disbursements and HST. An Order will issue as well that $25,000.00 of this amount will be enforceable as child support.
Van Melle, J
DATE: January 9, 2017
CITATION: Snell v. Conflitti, 2017 ONSC 157
COURT FILE NO.: FS-15-0176-00
DATE: 20170109
SUPERIOR COURT OF JUSTICE – ONTARIO
RE: Lisa Anne Snell v. Gabriele Conflitti
BEFORE: Van Melle, J.
COUNSEL: S. Mott-Trille, for the Applicant
Gabriele Conflitti, Self-represented
ENDORSEMENT
Van Melle, J.
DATE: January 9, 2017