SUPERIOR COURT OF JUSTICE – ONTARIO
RE: Jacqueline Jennifer Lillian Bartucci Applicant
AND: Prosper Mario Bartucci Respondent
BEFORE: Bloom, J.
COUNSEL: Paul Portman, agent for the Applicant
Leonardo Mongillo, counsel for the Respondent
COSTS E N D O R S E M E N T
1This is my ruling on costs in respect of the cross-motions on which I released my ruling on the merits on October 5, 2020.
2In that ruling I ordered that the Applicant pay substantial indemnity costs; and ordered written costs submissions on the issues of quantum, time for payment, and any related costs issue.
3The Applicant was late in delivering her submissions, but there is no prejudice to the Respondent in my considering them.
4The Respondent seeks $22,326.46 in costs payable forthwith. The Applicant in the first alternative seeks an order for no costs, and alternatively an order for costs payable to the Respondent in the amount of $2500.
5The Respondent emphasizes reasonableness as a factor in my costs calculation. FLR 24(12)(a) mandates reasonableness; it couples that consideration with proportionality.
6In all of the circumstances and having regard particularly to FLR 24 (12) I fix costs in the amount of $ 15,000 inclusive of fees, disbursements, and applicable taxes payable by the Applicant to the Respondent within 30 days.
Bloom, J.
DATE: November 5, 2020
COURT FILE NO.: FS-19-96673
DATE: 2020 11 05
SUPERIOR COURT OF JUSTICE – ONTARIO
RE: Jacqueline Jennifer Lillian Bartucci
Applicant
AND: Prosper Mario Bartucci Respondent
BEFORE: Bloom, J.
COUNSEL: Paul Portman, agent for the Applicant
Leonardo Mongillo, counsel for the Respondent
COSTS ENDORSEMENT
Bloom, J.
DATE: November 5, 2020