COURT FILE NO.: FS-20-76-00
DATE: 2020 08 31
SUPERIOR COURT OF JUSTICE – ONTARIO
RE: M.C. H. Martinez Applicant
A. S. Tsinoglou and T. Tsinoglou Respondents
BEFORE: Bloom, J.
COUNSEL: M. Salama, counsel for the Applicant
T. Gill, agent for the Respondent, A. S. Tsinoglou
E. Aiaseh, counsel for the Respondent, T. Tsinoglou
C O S T S E N D O R S E M E N T
[1] This ruling addresses the issue of costs arising from the matter, the merits of which I addressed in my reasons of July 31, 2020.
[2] The Applicant seeks full recovery costs, or alternatively substantial indemnity costs.
[3] The Respondent, A. S. Tsinoglou, seeks full recovery costs, alternatively substantial indemnity costs, and in the further alternative an order for no costs to any party. He also emphasizes his limited means.
[4] The Respondent, T. Tsinoglou, seeks an order that no party be awarded costs.
[5] In my view, although there was divided success in view of the access order made, the Applicant was substantially successful. Further, I take into account the fact that the financial resources of A. S. Tsinoglou are stretched to cover his obligations. I also take into account the limited role of T. Tsinoglou.
[6] In all of the circumstances, I order that the Applicant be entitled to $5000 in costs, inclusive of fees, disbursements, and applicable taxes, of which the Respondent, A. S. Tsinoglou, is to pay $3500 within 60 days and the Respondent, T. Tsinglou, is to pay $ 1500 within 30 days.
Bloom, J.
DATE: August 31, 2020
COURT FILE NO.: FS-20-76-00
DATE: 2020 08 31
SUPERIOR COURT OF JUSTICE – ONTARIO
RE: M.C. H. Martinez Applicant
v.
A. S. Tsinoglou and T. Tsinoglou Respondents
BEFORE: Bloom, J.
COUNSEL: M. Salama, counsel for the Applicant
T. Gill, agent for the Respondent, A. S. Tsinoglou
E. Aiaseh, counsel for the Respondent, T. Tsinoglou
COSTS ENDORSEMENT
Bloom, J.
DATE: August 31, 2020