Court File and Parties
COURT FILE NO.: FC-52980/17 DATE: 2019-08-22 CORRECTED: 2019-08-22
SUPERIOR COURT OF JUSTICE – ONTARIO
RE: Devorra Sabijan, Applicant AND: Kreso Sabijan, Respondent
BEFORE: The Honourable Madam Justice D. Piccoli
COUNSEL: Ms. Heather R. Caron, for the Applicant Ms. Heather Geertsma, for the Respondent
HEARD: In Writing
COSTS endorsement
Correction Notice August 22, 2019: minor typographical change made to para 5, which has been changed from: The Respondent has not come to the court with clean hands. He has behaved “reasonably”, to: The Respondent has not come to the court with clean hands. He has behaved “unreasonably.”
[1] The Respondent seeks his costs of the motions before the court.
[2] The parties were divided in their success in respect of the motions before the court.
[3] No offers to settle were exchanged on any issues. The Respondent’s assertion that offers were made during oral argument is of no assistance. Although the Respondent was not found in contempt of the orders his behavior in the face of my order of July 24, 2019 was far from reasonable.
[4] The fact that the Respondent put forward an offer to purchase the matrimonial home and pay a $10,000.00 deposit in the face of his failure to comply with 2 previous court orders for costs totaling $8,000.00 shows that he has a complete disregard for those orders.
[5] The Respondent has not come to the court with clean hands. He has behaved unreasonably.
[6] There shall be no order as to costs.
D. Piccoli J
Released: August 22, 2019
COURT FILE NO.: FC-52980/17 DATE: 2019-08-22 CORRECTED: 2019-08-22
ONTARIO SUPERIOR COURT OF JUSTICE
B E T W E E N:
Devorra Sabijan Applicant
- and -
Kreso Sabijan Respondent
COSTS ENDORSEMENT
D. Piccoli J
Released: August 22, 2019