Court File and Parties
COURT FILE NO.: 40831/18
DATE: 2020-10-27
SUPERIOR COURT OF JUSTICE - ONTARIO
RE: Jennifer Mercanti, Applicant
AND:
Charles Edward Urbshott, Respondent
BEFORE: Conlan J.
COUNSEL: William H. Abbott, for the Applicant
Mr. Luna, Agent for the Respondent
HEARD: October 27, 2020
COSTS ENDORSEMENT
[1] Hearing held today, via Zoom. The mother and her lawyer, Mr. Abbott, were present. The father and his agent, Mr. Luna, were present.
[2] After considering the written materials filed on both sides and the oral submissions made, regarding the father’s Motion decided by this Court on September 21st, this Court orders that the father, Mr. Urbshott, shall pay to the mother, Ms. Mercanti, costs on a partial indemnity basis in the total all-inclusive amount of $17,000.00.
[3] That figure is arrived at as follows: $18,337.71 (see the mother’s Bill of Costs) less a little more than $1,000.00 included therein that Mr. Luna submitted, and Mr. Abbott conceded, should not be recoverable (I have rounded down to the nearest one thousand, which is to the benefit of the father).
[4] With respect, the remaining arguments advanced on behalf of the father have no merit.
[5] Success was in no way divided. On the major proceeding of the Motion heard by this Court in September, every request made by the father was dismissed.
[6] On the financial means of the parties, I have considered that in awarding partial indemnity costs, despite the two Offers made by the mother, the second of which (August 10th) ought to have been accepted immediately by Mr. Urbshott.
[7] Regarding the father’s Offer dated August 12th, it was an unreasonable one. It gave the other side mere hours (during the middle of the night) to accept it; and it was made late for a moving party; and it would have meant no costs for the mother up until that time.
[8] I am convinced that the within award of costs meets the objective of being fair, just, reasonable, and proportionate, and it duly considers Rule 24 of the Family Law Rules, as well as the fundamental principles of modern costs awards - to partially indemnify successful litigants, to encourage settlement, and to discourage or sanction inappropriate or bad conduct.
[9] Costs Order accordingly.
Conlan J.
Date: October 27, 2020