Court File and Parties

COURT FILE NO.: F1068/08 DATE: 2018-11-12 ONTARIO SUPERIOR COURT OF JUSTICE

BETWEEN:

Aliya Farrukh Applicant – and – Chaudhry Farrukh Amin Respondent

Counsel: O. Ayoola - Counsel for the Applicant Respondent was self-represented

HEARD: October 15 & 16, 2018

The Honourable Justice James W. Sloan

Costs

[1] On the evidence before me it appears that the respondent does not think court orders apply to him when it comes to the payment of costs and the production of documents.

[2] To submit to the court that he did not know where to pay the costs is simply a ludicrous answer to the question of why he did not pay them.

[3] To submit that he filed the financial documentation required by the rules and in this case also by court order, does not appear to be correct since the documents were not in the court file. In addition, Mr. Mahon wrote on October 15, 2018, that he had a list of what was required by the court and that he would proceed to prepare them for filing, if the trial was adjourned. The only interpretation I can give to that sentence is that they were not prepared and filed prior to October 15, 2018, the date of the trial.

[4] This of course puts the applicant at a disadvantage and makes settlement discussions essentially impossible and court determination of the issues more difficult.

[5] The main reason that spousal support arrears were not ordered, was one of practicality, in that the money would not have gone to the applicant. The second reason was that Samara needed financial support now to complete her education and there was only so much money to go around.

[6] Neither party did better than their offers to settle.

[7] On the material before me, I am prepared to allow the applicant’s costs at $12,000, plus HST, plus disbursements for a total of $15,828.75 ($12,000+ $1,560+ $2,268.75).

James W. Sloan J. Released: November 12, 2018