COURT FILE NO.: FS-19-38

DATE: 20221003

SUPERIOR COURT OF JUSTICE - ONTARIO

RE: C.C., Applicant

AND:

S.C., Respondent

BEFORE: Conlan J.

COUNSEL: C.C., Self-represented

Ms. J. Ruskin, for the Respondent

ENDORSEMENT on costs

I. Introduction

[1] This decision on costs is further to the Court’s Endorsement dated September 14, 2022, C.C. v. S.C., 2022 ONSC 5225, wherein it was ordered that the mother, C.C., shall have no contact with the child, in-person or otherwise, for a period of three months commencing on September 15, 2022.

[2] At paragraph 13 of its September 14^th Endorsement, the Court indicated that the father, S.C., would receive his costs of the motion subject to a review of a Bill of Costs to be filed by the father’s counsel by a specified deadline.

[3] That Bill of Costs has now been filed and has been reviewed by the Court. The father seeks his costs of the matter heard on September 13, 2022 as well as his costs for a related 14B motion brought by the mother. The total amount sought for both matters is $16,722.25 on a full indemnity basis.

II. Decision

[4] Because of the mother’s conduct that precipitated the hearing on September 13^th, described at paragraphs 5 through 10 of the Court’s Endorsement dated September 14^th, which conduct is undoubtedly worthy of strong condemnation, I am of the view that the father should be fully indemnified for his costs related strictly to the parenting review hearing – $11,441.25.

[5] As for the father’s costs related to the mother’s 14B motion, although the said motion was ill-advised and was unsuccessful in that it was determined by another justice that I should hear the parenting review, I am of the opinion that partial indemnity costs in favour of the father is the most just, fair, reasonable, and proportionate result in all of the circumstances. The amount claimed by the father for the said 14B motion is $5,311.00, however, I will reduce that to 60% - $3,186.60.

[6] The grand total is, therefore, $14,627.85 ($11,441.25 plus $3,186.60).

[7] This Court orders that C.C. shall pay to S.C. costs in the total amount of $14,627.85. Those costs shall be paid in full by December 15, 2022, which is the approximate end of the three-month suspension ordered by this Court and a date relatively close to the case conference that was ordered at paragraph 12 of the Court’s Endorsement dated September 14^th.

[8] I look forward to seeing the parties again at the case conference.

Conlan J.

Date: October 3, 2022