SUPERIOR COURT OF JUSTICE – ONTARIO
COURT FILE NO.: FS-19-96672-00 DATE: 2020 06 02
RE: Julian Chambers Applicant Mariusz Klapacz Respondent
BEFORE: Bloom, J.
COUNSEL: Lydia Jackson-Lawrence, agent for counsel for the Applicant Jeffrey Mammon, counsel for the Respondent
E N D O R S E M E N T
1This is my ruling on the issue of costs on the motion of the Applicant, the merits of which I decided in my endorsement of May 1, 2020.
2The Applicant seeks costs on a full indemnity basis of $8175.55, and, alternatively, costs on a partial recovery basis of $4087.78.
3The Applicant cites her success on the motion, and what she alleges was the unreasonable conduct of the Respondent, in support of her position.
4The Respondent contends that no costs ought to be awarded to the Applicant as a result of her failure to serve an offer to settle. Alternatively, he argues that costs of $1758 ought to be awarded to the Applicant on a partial indemnity basis payable within 90 days.
5Both parties agree that any costs awarded to the Applicant ought to be made payable to Legal Aid Ontario.
6In my view, the Applicant’s success entitles her to costs on a partial indemnity basis. I do not find that the conduct of the Respondent entitles her to costs on a higher scale.
7Accordingly, I order that the Respondent pay within 90 days costs of $2100.00 inclusive of fees, disbursements and applicable taxes directly to Legal Aid Ontario.
Justice Ivan Bloom
DATE: June 2, 2020