Superior Court of Justice - Ontario

Citation: A.C.V.P. v. A.M.T., 2017 ONSC 7741

Court File No.: 49578-14

Date: 2017-12-29

Re: A.C.V.P., Applicant

And: A.M.T., Respondent

Before: The Honourable Mr. Justice D. J. Gordon

Counsel: Raymond Wrubel, Counsel for the Moving Parties, Barry Taylor and Marie Taylor William Clayton, Counsel for the Applicant/Responding Party No one appearing for the Respondent, A.M.T.

SUPPLEMENTARY ENDORSEMENT RE: COSTS

[1] In this divorce action, the maternal grandparents sought to be added as parties so that they could advance a separate claim for access. Their motion was dismissed. The respondent mother took no position on the motion.

[2] The applicant is presumptively entitled to a cost award. The only issue requiring determination is whether such ought be substantial or full indemnity.

[3] While I accept that the intent of the grandparents was legitimate, namely to gain access, the procedure they pursued, particularly at this late stage in the case, was not appropriate. The motion had no chance of success. In result, the applicant is entitled to full indemnity costs, which are fixed in the amount of $7,000.00, payable by the moving parties within 30 days.

D. J. Gordon J.

Date: December 29, 2017