Court File and Parties

White v. White, CITATION: 2017 ONSC 2167 COURT FILE NO.: FS50/15 DATE: 2017-04-07 SUPERIOR COURT OF JUSTICE – ONTARIO

RE: Sandra Marie White, Applicant AND: John Arthur White, Respondent

BEFORE: Mr Justice Ramsay

COUNSEL: D. Thomas for the Applicant D. Kerr for the Respondent

Endorsement

[1] The Applicant moved successfully for temporary spousal support and unsuccessfully for interim disbursements (2017 ONSC 1867). Both parties now seek $3,000 costs for the motion.

[2] The Respondent cites his offer to settle, but I do not give it great weight. The offer proposed a final order for spousal support for a short term. The heart of his position on the motion was that he should pay no spousal support because his wife had not asked for support in the seven years of separation and because she committed adultery. He was unsuccessful. I dismissed the request for interim disbursement because of the impending sale of the matrimonial home, which the Respondent had resisted until the motion was brought.

[3] In my view the Applicant was the successful party. She should have her costs on a partial indemnity basis. I fix those costs at $3,000 and order the Respondent to pay them forthwith. They are to be treated as spousal support for the purposes of enforcement. A support deduction order will issue.

J.A. Ramsay J. Date: 2017-04-07