Court File and Parties

COURT FILE NO.: FC-20-00000051-0000 DATE: 2021-01-12

SUPERIOR COURT OF JUSTICE - ONTARIO

RE: R.W., Applicant AND: J.B., Respondent

BEFORE: The Honourable Mr. Justice D.J. Gordon

COUNSEL: M. Modell, Counsel for Respondent/Moving Party V. Younger, Counsel for the Applicant/Responding Party

SUPPLEMENTARY ENDORSEMENT RE: COSTS

[1] In my reasons for decision released December 4, 2020 (2020 ONSC 7538), I granted the respondent’s request for access and invited written submissions from counsel on the issue of costs.

[2] Given his success on the motion, the respondent is presumptively entitled to a cost award. His counsel seeks an award of $11,723.95 on a substantial indemnity basis. Counsel for the applicant suggests a range of $4,000.00 to $5,500.00.

[3] This case was commenced in January 2020, shortly after the applicant had denied access to the respondent. Prior to that month, the respondent had been spending time with the child since birth in 2013.

[4] The motion for access, dated March 12, 2020 was ultimately heard by me on November 24, 2020. Delay in scheduling resulted from COVID-19.

[5] There are other issues yet to be addressed in this case, nevertheless, it must be noted the access claim was a significant matter.

[6] I have reviewed the respondent’s cost outline. I appreciate that motions of that nature involve significant time to prepare and argue. However, I do not accept 34 hours as being reasonable.

[7] In all of the circumstances, a fair and reasonable award on a substantial indemnity basis is $6,780.00 for costs, inclusive of HST. I so order.

D.J. Gordon J.

Released: January 12, 2021