Superior Court of Justice - Ontario

Citation: Hustins v. McClendon, 2017 ONSC 5888

Court File No.: FC-08-2981-3

Date: 2017-10-03

Re: Roger Hustins, Applicant.

And:

Tanya McClendon, Respondent

Before: Honourable Justice Mr. Timothy Ray

Counsel: Julie Gravelle, Counsel, for the Applicant Thomas Hunter, Counsel, for the Respondent.

Heard: In writing

ENDORSEMENT

[1] In my endorsement of April 4, 2017 following oral reasons which concluded the matters argued before me that day in Ottawa, I ordered that costs submissions be made within 10 days. By letter dated April 18, 2017, a request was made jointly by counsel for an extension to May 5, 2017. This was granted. A further letter dated June 20, 2017 was addressed to me through the trial coordinator’s office for a further extension to deal with the costs, and also an ancillary matter. I asked the trial coordinator to advise counsel that I was not prepared to deal with the matter any further, that I would be retiring in October, and would not be sitting again in Ottawa. I suggested the LAJ Family be consulted by counsel if there were further matters to be dealt with.

[2] At the end of August, 2017, while away, I received an electronic copy of costs submissions from the respondent. No explanation was made as to why I was being sent costs submissions several months after I had ordered an extended deadline. I asked the trial coordinator at the time if anything had been received from the applicant. I then received written costs submissions electronically September 26, 2017. Again no explanation was forthcoming as to why the costs submissions were being made at this late stage.

[3] I am not prepared to consider the parties costs submissions. I had extended the time for costs submissions to May 5, 2017, and suggested that any further requests be sent to the LAJ Family in Ottawa. It is for counsel to take the matter up with the LAJ Family if there are further matters to be dealt with.

[4] Counsel need to understand that a judge at the conclusion of argument, makes notes that would be helpful to later address any costs issues providing counsel notify the judge. I asked for any submissions within 10 days. This was not a complicated matter. They then sought and obtained an extension to May 5, 2017. No costs submissions and no request for a further extension was received; so as is customary, I disposed of my notes of this matter. Neither party has had the courtesy of addressing why their costs submissions were delayed until now. Nor have they brought it before the court in the form of a motion.

[5] I have no independent recollection of this particular matter, and am in my last sitting week. Should they wish to pursue this matter, they will have to do as I suggested several months ago; and take it up with the LAJ Family or the RSJ.

Ray, J

Date: October 3, 2017