Court File and Parties
COURT FILE NO.: 51250-16 DATE: 2018-09-12 SUPERIOR COURT OF JUSTICE – ONTARIO
RE: JARED ALEXANDER HILLIS, Applicant AND: MICHAELA DESIREE HILLIS, Respondent
BEFORE: The Honourable Mr. Justice P.J. Flynn
COUNSEL: Glenda D. McLeod, Counsel for the Applicant Brian R. Kelly, Counsel for the Respondent
COSTS RULING
[1] I have received and reviewed the parties’ costs submissions.
[2] In my endorsement on the motions, I pointed out that the Applicant was fully successful and hence entitled to his costs.
[3] There are no unusual or unforeseen circumstances which would disentitle him.
[4] The Applicant seeks full recovery costs in the amount of $18,793.37 and asks that it be deducted from the payment owing to the Respondent viz a vis the Respondent’s share of the equity in the matrimonial home.
[5] The Respondent has a different view, of course, and submits that the Applicant is entitled to a costs award of only $7,795.77, arguing that of the costs claimed by the Applicant, some $8,497.60 in legal fees were incurred up to February 6, 2018 and should not form part of the assessable costs.
[6] The Respondent also argues for a further deduction on account of an earlier “accepted offer” in the amount of $2,500.
[7] This last argument has some traction. But the former has not. In fact, I don’t understand the Respondent’s reasoning: it was, after all, the Respondent’s reneging on her former lawyer’s position that got us into the full blown fight that came before me. So that would grind the costs liability down to $16,293.37.
[8] I would have questioned the Applicant’s entitlement to full recovery costs, but the Respondent does not otherwise take issue with the amount claimed by the Applicant.
[9] So that makes the claim and entitlement to $16,293.37 fair and reasonable and I so order the Respondent to pay the Applicant’s costs in that amount.
[10] And I hereby order that the Applicant may deduct that same $16,293.37 from any amount owed the Respondent in respect of the parties’ respective shares of the matrimonial home.
P.J. Flynn J. Date: September 12, 2018