Court File and Parties

COURT FILE NO.: FD151/16

DATE: October 29, 2018

SUPERIOR COURT OF JUSTICE – ONTARIO

FAMILY COURT

RE: John Anthony Shelley, applicant

AND:

Josephine Anne Shelley, respondent

BEFORE: MITROW J.

COUNSEL: Monique Rae Bennett for the applicant

Jordan D. McKie for the respondent

HEARD: written submissions filed

ENDORSEMENT on costs

[1] I have reviewed the written costs submissions of both parties.

[2] Each party referred to r. 24(11) in relation to the factors to be considered.

[3] Pursuant to O. Reg. 298/18, the Family Law Rules were amended and the factors are now listed in r. 24(12), which requires the court to consider the “reasonableness and proportionality” of each of the factors listed. That portion of the regulation came into force on July 1, 2018.

[4] Further, subsequent to the filing of all the written costs submissions, the Court of Appeal for Ontario released very recently a decision discussing and reviewing the principles in relation to determining costs under the Family Law Rules: see Beaver v. Hill, 2018 ONCA 840 (Ont. C.A.).

[5] It would be my intention to consider Beaver v. Hill in deciding the issue of costs in the case at bar.

[6] Given the foregoing, counsel are invited, if they desire, to forward any supplementary written costs submissions, with the submissions and references to any authorities being limited to the amendment of the Rules in relation to costs by O. Reg. 298/18, and the decision in Beaver v. Hill. The submissions shall be limited to two typed pages plus copies of authorities.

[7] The costs submissions should be forwarded to the trial coordinator within 15 days of the date of this order. If a party elects to make no further costs submissions, then counsel for that party should forward a brief letter to that effect to the trial coordinator within 15 days, with a copy to the other counsel.

“Justice Victor Mitrow”

Justice Victor Mitrow

Date: October 29, 2018