Court File and Parties

CITATION: Yochim v. Yochim, 2017 ONSC 7068

COURT FILE NO.: D25067/15

DATE: 2017-11-27

SUPERIOR COURT OF JUSTICE – ONTARIO

RE: Tammy Lee Yochim, Applicant

AND: Stephen Anthony Yochim, Respondent

BEFORE: Mr Justice Ramsay

COUNSEL: Fay Ann Guilbeault for Applicant; Thomas G. Hanrahan for Respondent

ENDORSEMENT

[1] The Respondent seeks costs after a two day trial of family law issues: 2017 ONSC 6908.

[2] The Respondent offered to settle, but he did not offer to take responsibility for a $20,000 RRSP that he financed from the joint line of credit. He conceded that issue at trial.

[3] The Respondent’s offer contained the provision that the Applicant’s request for spousal support would be dismissed. In the event, it was withdrawn, which is better for the Applicant.

[4] The Respondent was successful on quantification of retroactive child support. He was also successful on the issue of date of separation, which determined most of the questions that arose from the handling of the joint line of credit.

[5] The Respondent asks for $9,000 costs on a substantial indemnity basis. The bill of costs is very reasonable. The Applicant submits that the parties should bear their own costs.

[6] Each party had some success. The Respondent was more successful. On the other hand, the Respondent’s handling of the joint line of credit made the trial inevitable and he has been sitting on the matrimonial home all this time, when the parties appeared to agree on its value for the purpose of settlement. While I do not appreciate the Applicant’s creative approach to the date of separation, at the end of the day she has not prospered from her marriage. She could have used other strategies to get more money out of the Respondent, but she abstained from doing so because she put the children first. That is to her credit. The parties shall bear their own costs.

J.A. Ramsay J.

Date: 2017-11-27