Court File and Parties
Court File No.: D25639/16 Date: 2020-06-29 Superior Court of Justice – Ontario
Re: Shannon Michael Dill, Applicant And: Rebecca Lynn Harris Dill, Respondent
Before: Mr Justice Ramsay
Counsel: Christopher Young for the Applicant Diana Continenza for the Respondent
Endorsement
[1] The Applicant asks for $4,200 costs of his motion for temporary custody (Dill v. Harris-Dill, 2020 ONSC 3757). The Respondent submits that no costs should be ordered.
[2] The Applicant offered to settle on terms that would have included a cost order against the Respondent. I would not have expected her to accept such an offer. Moreover, the Applicant was asking for a change to an existing court order with which he was not compliant. Finally, the Respondent’s ability to pay is worth consideration. None of this should deprive the Applicant of costs, but it should reduce them, even though the Respondent’s position on child support was unreasonable.
[3] In view of the work involved I think that an amount that might reasonably have been contemplated is $1,500. I order the Respondent to pay costs to the Applicant fixed at that amount forthwith.
J.A. Ramsay J. Date: 2020-06-29

