CITATION: 2017 ONSC 3363
NEWMARKET COURT FILE NO.: FC-14-047204
DATE: 20170530
SUPERIOR COURT OF JUSTICE - ONTARIO
RE: SNEZANA MILUTINOVIC, Applicant
AND:
RADMILO MILUTINOVIC, Respondent
BEFORE: THE HONOURABLE MADAM JUSTICE M. E. VALLEE
COUNSEL: Dani Frodis, Counsel, for the Applicant
Peter Callahan, Counsel, for the Respondent
HEARD: November 24, 2016
costs ENDORSEMENT
[1] The applicant wife brought a motion to strike the respondent husband’s pleadings because he had failed to comply with various court orders and had failed to make full disclosure. Although the respondent’s pleadings were not struck, various orders were made. Among them, the respondent was required to sign authorizations directing various financial institutions to provide information to the applicant, and directing a real estate agent and lawyer to provide information regarding the respondent’s offer to purchase a house at a time when he stated he had no money and could barely make ends meet.
[2] The applicant was successful on her motion. She is presumptively entitled to costs. The respondent was unsuccessful on his motion to adjourn the applicant’s motion for the purposes of questioning. In paragraph 11 of my endorsement dated November 24, 2016, I found that the respondent’s motion was a last minute attempt to delay the applicant’s motion.
[3] I have considered the factors set out in Rule 24(11). Failure to make financial disclosure is a serious issue. The applicant’s motion was important. The respondent’s behaviour was unreasonable. He was in breach of four court orders. His excuses were disingenuous. Mr. Frodis’ rate of $520 per hour is high; however, Mr. Bernstein, who was called in 2011 and whose rate is $310, did most of the work. I am satisfied that the time shown in the applicant’s bill of costs was properly spent on the case. The disbursements for couriers and process servers were appropriately incurred.
[4] The applicant requests fees of $16,748 and disbursements of $373.55. I find these to be reasonable amounts considering the work done. When HST is added, the total is $19,298.79. The respondent shall pay to the applicant $19,298.79 for costs forthwith. The respondent is prohibited from bringing any further proceedings until this amount is paid.
VALLEE J.
Date: May 30, 2017