COURT FILE NO.: FC-19-555
DATE: 2020/02/04
SUPERIOR COURT OF JUSTICE – ONTARIO
RE: Diana Crockett, Applicant
AND
Thomas Crockett, Respondent
BEFORE: J. Mackinnon J.
COUNSEL: Allison Campbell, for the Applicant
Michael Rappaport, for the Respondent
HEARD: In Writing
costs ENDORSEMENT
[1] This endorsement addresses costs of a motion and cross-motion heard on October 29, 2019. The reasons for decision are at 2019 ONSC 6375. The applicant submits there should be no order for costs. The respondent asks for costs fixed in the amount of $5,000, to be paid from the applicant’s share of the proceeds of sale of the matrimonial home.
[2] There were three issues to be determined. An order was made for sale of the matrimonial home. Child support was ordered, and temporary spousal support was not ordered. The respondent was successful on the first and third issues. The applicant did receive a child support order for the time period of August 2013 to June 2015. She also successfully opposed the respondent’s claim to have sole control over the sale of the home.
[3] I accept the applicant’s correction as to the duration of cohabitation. In the context of my reasons dismissing the claim for temporary spousal support, the correction would not change the outcome.
[4] I agree that there was divided success on the motion and cross-motion. The respondent succeeded in obtaining an order to sell the matrimonial home, but not to have sole control over the sale. The respondent successfully opposed the claim for temporary spousal support. The applicant succeeded in obtaining child support and a disclosure order from the respondent.
[5] Success was not divided equally, however. The respondent in my view was more successful than the applicant and should have some costs to reflect this.
[6] The applicant challenged the time spent by the respondent’s counsel in relation to the motion. In my view, 12 hours is a reasonable amount and well within the contemplation of the applicant. On that basis, the respondent’s Bill of Costs would be reduced to $4111.18, including fees, disbursements and HST.
[7] The respondent is not entitled to full recovery of that amount, rather partial recovery costs, which also should be reduced to account for the divided success. I fix his costs at $1650 inclusive, payable from the applicant’s portion of the proceeds of sale of the home.
[8] This award does not determine the allegations on both sides of bad faith/unreasonable conduct against the other. I am not able to determine those issues on the record I have.
J. Mackinnon J.
Date: February 4, 2020
COURT FILE NO.: FC-19-555
DATE: 2020/02/04
ONTARIO
SUPERIOR COURT OF JUSTICE
RE: Diana Crockett, Applicant
AND
Thomas Crockett, Respondent
BEFORE: J. Mackinnon J.
COUNSEL: Allison Campbell, for the Applicant
Michael Rappaport, for the Respondent
costs ENDORSEMENT
J. Mackinnon J.
Released: February 4, 2020