Rogers v. Rogers

CITATION: 2018 ONSC 2857
COURT FILE NO.: D25934/17
DATE: 2018-05-07

SUPERIOR COURT OF JUSTICE – ONTARIO

RE: Jessica Chiara Rogers, Applicant
AND: Steven Alexander Rogers, Respondent

BEFORE: Mr Justice Ramsay

COUNSEL:
Christopher Young for the Applicant
Stanleigh Palka for the Respondent

HEARD: April 12, 2018 at Welland

ENDORSEMENT

[1] The parties have joint custody of their children. They could not agree on the schedule. They each suggested different schedules. I chose the Respondent’s schedule. At the request of the Respondent, over the objection of the Applicant, I ordered partition and sale of the matrimonial home and production of certain documents required to calculate equalization [2018 ONSC 2381].

[2] The Respondent asks for costs fixed at $15,000. This strikes me as reasonable for the work that was required to be done.

[3] The Applicant submits that the parties should bear their own costs and that $3,000 is more like the thing in any event.

[4] The Respondent was successful on the two most important issues: partition and sale of the matrimonial home and access to the children. The Respondent was unsuccessful on temporary spousal support and quantum of child support.

[5] In the circumstances I think that the Applicant should pay costs, but the amount should be discounted to take into account the mixed results. I fix costs at $7,500 and order the Applicant to pay them forthwith, failing which they shall be deducted from her share of the proceeds of the matrimonial home.

J.A. Ramsay J.

Date: 2018-05-07