Court File and Parties

Court File No.: F441/17 Date: June 8, 2017 Superior Court of Justice – Ontario Family Court

Re: Emily McQueen, applicant And: Neal Toby Pasternak, respondent

Before: MITROW J.

Counsel: Alla Kikinova for the applicant Zachary Wilson for the respondent

Heard: Written submission

Endorsement

[1] I have reviewed the applicant’s costs submissions received, pursuant to my order April 27, 2017.

[2] The respondent filed no costs submissions. The applicant’s submissions attach a notice of change of representation where the respondent has elected to act in person. This was served by Mr. Wilson via fax on May 9, 2017. However, this document has not been filed in the continuing record and hence, this costs endorsement is being forwarded to Mr. Wilson, which he will need to forward to the respondent.

[3] I find that the applicant was more successful on the motions than the respondent considering that she was awarded interim custody.

[4] The applicant served an offer to settle the day before the motions were heard.

[5] The applicant seeks $2,080 all-inclusive. This is a most modest amount.

[6] I find it is not necessary to conduct an analysis as to whether the “automatic” cost consequences of r. 18(14) are engaged given the amount of costs sought and coupled with the respondent’s behaviour, described as “egregious” in the reasons (see: para. 22).

[7] Considering the factors in r. 24(11), I find that the amount of costs sought is reasonable and that the applicant is entitled to costs.

Order

[8] The respondent shall pay to the applicant, forthwith, her costs of the motions, fixed in the amount of $2,080 inclusive of HST and assessable disbursements.

Justice Victor Mitrow Date: June 8, 2017