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
[1] This 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.
[2] The Applicant seeks costs on a full indemnity basis of $8175.55, and, alternatively, costs on a partial recovery basis of $4087.78.
[3] The Applicant cites her success on the motion, and what she alleges was the unreasonable conduct of the Respondent, in support of her position.
[4] The 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.
[5] Both parties agree that any costs awarded to the Applicant ought to be made payable to Legal Aid Ontario.
[6] In 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.
[7] Accordingly, 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