Court File and Parties

COURT FILE NO.: FS93/15 DATE: 2019-01-14 SUPERIOR COURT OF JUSTICE – ONTARIO

RE: Boyanna Bancic, Applicant AND: Milos Mirceta, Respondent

BEFORE: Mr Justice Ramsay

COUNSEL: George A. Kirkham for Applicant; Sean D. Heeley for Respondent

Endorsement

[1] The parties have filed written submissions to costs on the motion I decided on January 2 last [2019 ONSC 39]. The Applicant asks for about $3,300. The Respondent submits that the parties should bear their own costs.

[2] The Applicant was successful, but not entirely. She made no serious effort to settle the motion. She simply offered to settle for what she demanded, which was more than she got. On the other hand, given the Respondent’s ridiculous position on January 7 access it is difficult to conceive that he would have settled.

[3] The main issue was whether mid-week access should continue in view of the age of the child and the distance between the parties’ residences. On this issue the Applicant was successful. I think an amount that would reasonably have been contemplated is $3,000. Given the lack of success on the minor issues I fix the Applicant’s costs at $2,500 and order the Respondent to pay them forthwith.

[4] The Applicant asks that these costs be enforceable as child support. I decline so to order. The motion had nothing to do with child support.

J.A. Ramsay J. Date: 2019-01-14