Hoszko v. Hoszko, 2023 ONSC 2180

Court File and Parties

COURT FILE NO.: FC-20-154 DATE: April 6, 2023 SUPERIOR COURT OF JUSTICE – ONTARIO

BETWEEN: Virginia Hoszko v. Edward Daniel Hoszko

BEFORE: Justice M. S. James

COUNSEL: Dylan Crosby, Counsel for the Applicant Self-represented Respondent

DATE HEARD: In writing

Costs Endorsement

1This is a costs endorsement in relation to a trial management conference and a motion brought by the applicant to adjourn the trial.

2The adjournment request was due to the failure of the respondent to comply with his disclosure obligations. Adequate and timely financial disclosure is essential to fair and efficient disposition of family law cases.

3In this case, the respondent failed to comply with even the most basic financial disclosure, resulting in delay and increased legal costs for the applicant. The applicant should not have to bear the financial consequences of the respondent’s decision not to comply with the rules of court and court orders.

4The applicant claims full indemnity costs of $2,242.39. The respondent did not provide any responding submissions to the applicant’s costs claim.

5Having considered the time spent and the reasonable hourly rate charged by applicant’s counsel, I find that it is appropriate to award costs to the applicant, payable by the respondent, fixed in the sum of $1500 plus HST, payable forthwith.