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 E N D O R S E M E N T
[1] This is my ruling on costs in respect of the cross-motions on which I released my ruling on the merits on October 5, 2020.
[2] In 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.
[3] The Applicant was late in delivering her submissions, but there is no prejudice to the Respondent in my considering them.
[4] The 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.
[5] The Respondent emphasizes reasonableness as a factor in my costs calculation. FLR 24(12)(a) mandates reasonableness; it couples that consideration with proportionality.
[6] In 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