Court File and Parties

COURT FILE NO.: FC-19-FS-7

SUPERIOR COURT OF JUSTICE - ONTARIO

RE: Eric Phillip Taylor, Applicant AND: Shannon Colleen Mulligan, Respondent

BEFORE: Turnbull, J.

COUNSEL: James Battin, Counsel, for the Applicant Edward Kiernan, Counsel, for the Respondent

COSTS ENDORSEMENT

[1] I have received written submissions from counsel with respect to the two motions considered by the court in November and December 2020.

[2] The first of these related to setting aside the order of MacLeod J. dated August 7, 2020. That motion was necessitated by the oversight or lack of diligence of Mr. Taylor. I released written reasons with respect to that matter on November 16, 2020. Mr. Battin noted that the applicant was successful on that motion.

[3] Mr. Taylor did succeed in getting the August 7, 2020 temporary order of MacLeod J. set aside, it was only to have another temporary order for sole custody with access subject to the child's wishes replace it.

[4] Mr. Taylor did not succeed in the main custody and access goal he sought - a return to 50/50 residence. That was the central issue in all these proceedings over which I was seized and which ultimately required me to interview the child to determine his wishes.

[5] While he settled the residence issue at the last moment, he was not granted joint custody for decision making after argument. Mr. Taylor did enjoy some success in the wording of the access order, which included a statement about the visits being on weekends. The access is still subject to the child's wishes. Ms. Mulligan had conceded that the access should no longer be in her discretion as in the August 7, 2020 order, but was opposed to a structure when the child's wishes were going to be the definitive access feature.

[6] Overall, Ms. Mulligan was successful on the motion. She has only claimed $2500 plus HST and I consider it to be very reasonable, having reviewed the services rendered in these matters by Mr. Kiernan. His solicitor/client bill to Ms. Mulligan was approximately $7500.00 and an award of partial indemnity costs would in ordinary course be as much as double the amount claimed.

Conclusion:

[7] The applicant shall pay the respondent her costs of the motions to set aside the order of MacLeod J. and the motion heard by me with respect to custody and access in the sum of $2500.00 plus H.S.T. within 30 days of this order.

[8] This judgment shall bear post judgment interest at the rate of 2 per cent per annum.

“Signed Electronically”

Turnbull, J.

Date: February 8, 2021.