Court File and Parties
COURT FILE NO.: FC-17-996
DATE: 2020/11/25
SUPERIOR COURT OF JUSTICE – ONTARIO
RE: Kent Bradley Sammon, Applicant
AND
Dr. Susan Anne Krajewski, Respondent
BEFORE: Mackinnon J.
COUNSEL: Cynthia Squire for the Applicant
Kellie Stewart for the Respondent
HEARD: In Writing
Costs ENDORSEMENT
[1] The applicant successfully opposed both the respondent’s primary claim to move their young son to Kapuskasing on a temporary basis while she was employed there under a 12 month contract, and her alternative claim that the child reside with them in alternating one month periods during that same 12 month period. The applicant also notes out that the respondent sought additional orders after the motion had been heard, not by notice of motion with a supporting affidavit rather by submissions only. He asks for substantial indemnity costs fixed in the amount of $11, 245.65
[2] After ruling that the child would remain in the primary residence of the applicant father in Renfrew, the court heard additional submissions on the issue of the respondent’s parenting time during the 12 month period. The respondent was the more successful party in this regard. She maintains she acted reasonably throughout. Her temporary move was necessary for employment. For these reasons she submits each party should bear their own costs. She also submits that neither the judge who determined urgency or the case conference judge deferred costs, so that none should be awarded for those steps. The respondent’s own legal fees were $10, 797.15.
[3] Although the parties did make settlement efforts neither appears to have delivered a formal offer to settle.
[4] The applicant is clearly the more successful party and is entitled to costs. Substantial indemnity costs across the board are not warranted. Even though the respondent did not obtain her primary or alternative relief, she was the more successful party in terms of what her parenting time would be during the time she was working in Kapuskasing and the child was residing primarily with his father.
[5] The applicant is entitled to have his costs of the urgency determination and the case conference considered with his costs of the motion. See I.S. v. T.C., 2020 ONSC 5411 at paras [18] to [23].
[6] The respondent should be sanctioned by substantial indemnity costs for seeking orders after the hearing which had not been requested in her notice of motion and without providing supporting evidence.
[7] For these reason the applicant’s costs are fixed in the amount of $8,500.00 inclusive of fees, disbursements and HST.
Date: November 25, 2020
COURT FILE NO.: FC-17-996
DATE: 2020/11/25
ONTARIO
SUPERIOR COURT OF JUSTICE
RE: Kent Bradley Sammon, Applicant
AND
Dr. Susan Anne Krajewski, Respondent
BEFORE: Mackinnon J.
COUNSEL: Cynthia Squire for the Applicant
Kellie Stewart for the Respondent
costs ENDORSEMENT
Mackinnon J.
Released: November 25, 2020