Martinez v. Tsinoglou, 2020 ONSC 5199

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

1This ruling addresses the issue of costs arising from the matter, the merits of which I addressed in my reasons of July 31, 2020.

2The Applicant seeks full recovery costs, or alternatively substantial indemnity costs.

3The 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.

4The Respondent, T. Tsinoglou, seeks an order that no party be awarded costs.

5In 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.

6In 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.