Court File and Parties
Court File No.: D220/19 Date: 2020-07-03 Superior Court of Justice – Ontario
Re: Anna Maria Collini, Applicant And: Tommy Sandro Collini, Respondent
Before: Mr Justice Ramsay
Counsel: Maria Lucarelli for the Applicant Bruce Macdonald for the Respondent
Heard: June 25, 2020
Endorsement
[1] The Respondent asks for costs of his successful motion for partition and sale and the Applicant’s unsuccessful motions for exclusive possession and disclosure (Collini v. Collini, 2020 ONSC 3924). He asks for $9,427.85, which is 83% of his actual costs. The Respondent submits that there should be no order as to costs or in the alternative that $1,500 should be ordered. The Applicant’s actual costs are about $4,000.
[2] The Respondent was completely successful. Rule 24(1) of the Family Law Rules establishes the presumption that he is entitled to costs. No feature of the present case displaces that presumption. There were no offers to settle along the lines of those mentioned in Rule 49 of the Rules of Civil Procedure.
[3] I think that the Applicant made the extensive disclosure request at the last minute to give the affair an air of complexity in the hopes of stalling the Respondent in the realization of his legitimate half-interest in the property. She had already stalled him for over a year just by contesting his motion.
[4] I do not think that the Respondent acted unreasonably by refusing to contribute to the upkeep of the property when he wanted to sell it long ago and the Applicant was paying no occupation rent. I do not think that the small consideration I gave the Applicant by letting her change the locks pending sale, or the order distributing her share of the proceeds to that she can buy a new house, amount to a significant share of the success of the motion.
[5] The fees charged are commensurate with the work that was involved. Much of that work was caused by the Applicant. Considering the factors in Rule 24(12) of the Family Law Rules and what might reasonably have been contemplated, I fix costs at $7,500 and order the Applicant to pay that amount to the Respondent forthwith.
J.A. Ramsay J. Date: 2020-07-03