COURT FILE NO.: D26473/18
DATE: 2019/08/20
ONTARIO
SUPERIOR COURT OF JUSTICE
B E T W E E N:
Patricia Francis Gibson
Applicant
- and -
Jerrold Wayne Gibson
aka Jerrod Wayne Gibson
Respondent
Counsel:
Douglas R. Thomas, for the Applicant
Ronald F. Adams, for the Respondent
The Honourable Justice T. Maddalena
COSTS ENDORSEMENT
[1] I heard a long motion pertaining to the trial of an issue on June 26, 2019 at Welland, Ontario. I released a decision on July 9, 2019 to both parties. I have now received and reviewed the costs submissions of both parties.
[2] The applicant, who was the successful party, seeks her costs of $14,245 all inclusive (rounded).
[3] The respondent claims that his costs to counsel for the motion were $3,500. The respondent’s counsel submits that costs, if any, awarded to the applicant should be in the approximate range of $3,500 to $4,000.
Analysis
[4] It is clear that the applicant was the successful party. Pursuant to the Family Law rule 24(1), the applicant is entitled to costs. Family Law rule 24(12) assists the court by outlining those factors for consideration in a costs award.
[5] Although the issue of establishing the date of separation was an important one for both parties, the issue was not a complex one given the circumstances of this case.
[6] The applicant’s counsel has many years of experience in the practice of law. This court has no issue with the actual hourly rates charged by the applicant’s counsel or the hourly rates charged on behalf of the applicant’s counsel’s assistant.
[7] However, I find that counsel’s preparation of 35.6 hours to be excessive, not reasonable and not proportionate to the single issue before the court. That is not to imply that counsel did not spend those number of hours in doing the work, but simply that those number of hours are not commensurate and proportionate to the matters before the court.
[8] An award of costs is required to be fair and reasonable.
[9] There were no offers to settle. This motion/trial of an issue was necessary to determine a date of separation where the parties were approximately two years apart in their respective positions.
[10] Taking into consideration all those factors outlined in rule 24(12), I conclude that an award of costs fixed at $5,000 all inclusive, to be paid by the respondent to the applicant, reflects what is a fair and reasonable amount.
Order Made
[11] The respondent shall pay to the applicant her costs of the motion fixed at $5,000 all inclusive and payable within 60 days.
Maddalena J.
Released: August 20, 2019
COURT FILE NO.: D26473/18
DATE: 2019/08/20
ONTARIO
SUPERIOR COURT OF JUSTICE
B E T W E E N:
Patricia Francis Gibson
Applicant
- and –
Jerrold Wayne Gibson
aka Jerrod Wayne Gibson
Respondent
COSTS ENDORSEMENT
Maddalena J.
Released: August 20, 2019