Court File and Parties

COURT FILE NO: FC-13-191 DATE: 2020/04/16 SUPERIOR COURT OF JUSTICE – ONTARIO

RE: Fathia Omar Jumale, Applicant AND Abdillahi Duale Mahamed, Respondent

BEFORE: J. Mackinnon J.

COUNSEL: Thomas Hunter for the Applicant Respondent, Self-Represented

HEARD: In Writing

Costs Endorsement

[1] The applicant seeks costs fixed in the amount of $2,938.49 in relation to her successful opposition to the respondent’s request that his Motion to Change child support and other relief be determined urgent such that it could proceed during the suspension of regular court sittings during the COVID-19 crisis.

[2] The request was denied as to the change sought in child support due to the omission of required pieces of evidence needed for the respondent to be able to establish a material change of circumstances. For his assistance as a self-represented litigant I pointed out the deficiencies and provided he could renew his request for urgency on addressing them. To be clear, to do this he must prepare a further affidavit with available supporting documents and serve the other party through counsel. The references he included in his costs submissions are not the correct way to proceed.

[3] The respondent also seems to think that the current Final Order for child support is based on an annual income of $75,000. That is incorrect. He has been ordered to pay the table amount for three children based on an income of $34,200 and to pay an additional $300 per month towards arrears of child support and costs.

[4] The request for urgency in relation to two interim orders was dismissed since the trial judge is still seized with those issues, and a Motion to Change is available only for Final orders.

[5] The applicant is entitled to costs. The determination of urgency according to the Chief Justice’s directive was and is intended to be a summary exercise. In my view the expenditure of 8.6 hours in preparing documentation to respond to the respondent’s request was excessive and was perhaps more reflective of time necessary to respond to his Motion had it been deemed urgent. Even though the respondent submitted his Motion to Change material in support of his request, the applicant was only required at that stage, to submit materials sufficient to show that urgency ought not be found. Her costs should be limited to what was necessary to do that.

[6] Costs are awarded to the applicant on a partial indemnity basis fixed in the amount of $650 inclusive of HST. I am going to allow the respondent a period of 30 days within which to rectify the deficiencies in his materials and to again seek to have his Motion to Change permitted to go forward. If he does so, the costs will be payable at the rate of $50 per month until determination of the Motion at which time the motion judge may in his or her discretion change the terms of payment. Otherwise the full amount of the costs will be payable and collected by the FRO as in relation to the payment of child support.

J. Mackinnon J. Date: April 16, 2020

COURT FILE NO: FC-13-191 DATE: 2020/04/16 ONTARIO SUPERIOR COURT OF JUSTICE RE: Fathia Omar Jumale, Applicant AND Abdillahi Duale Mahamed, Respondent BEFORE: J. Mackinnon J. COUNSEL: Thomas Hunter for the Applicant Respondent, Self-Represented costs ENDORSEMENT J. Mackinnon J. Released: April 16, 2020