Court File and Parties

Court File No.: FS-21-24032 Date: 2023-06-06 Superior Court of Justice - Ontario

Re: RAHA MEHRALIAN, Applicant And: MICHAEL PAUL DUNMORE, Respondent

Before: M. D. Faieta J.

Counsel: No one appearing for the Applicant Michael J. Stangarone, for the Respondent Paula Bateman, on her own behalf

Heard: In writing

Endorsement

Faieta J.

[1] The parties separated in May 2021 when their son was five months old. The Respondent father claims that the parties were temporarily in Toronto and that their home was in Oman. The Respondent’s motion for an order that the child be returned to Oman under section 40 of the Children’s Law Reform Act, R.S.O. 1990, c. C.12, was originally scheduled to be heard in March 2022. Argument in relation to the issue of jurisdiction was completed on June 9, 2022, and an Endorsement was released on October 14, 2022 which adjourned the motion for the receipt of viva voce evidence. The motion was heard over five days commencing on March 6, 2023. The Respondent’s motion was dismissed. The court ordered that each party may make costs submissions of no more than seven pages double-spaced, exclusive of bills of costs and offers to settle, by May 15, 2023. See Mehralian v Dunmore, 2023 ONSC 2616. (“2023 Motion”)

[2] The Applicant’s former counsel, Paula Bateman, brings this motion for leave to make costs submissions on the same terms as the parties for the period (March 2022 – August 2022) that she represented the Applicant. During that five-month period in 2022, Ms. Bateman appeared at case conferences and at the motion heard in June 2022. A Notice of Change in Representation was filed on August 9, 2022. Ms. Bateman states that it would be inconvenient for the Applicant’s current counsel, Anthony Macri, to make costs submissions in relation to her involvement on the file and that it would be easier to have the amount of costs determined separately for each counsel. Her total fees and disbursements are $192,699.16. Mr. Macri’s total fees and disbursements are $44,522.00.

[3] In bringing this motion, Ms. Bateman provides no analysis of the legal authority for the order that she seeks other than relying on Rule 2 and Rule 14(10) of the Family Law Rules. There is nothing in Rule 2 or Rule 14(10) that authorizes a party’s former agent or counsel to seek an order to file costs submissions. Further, while I cannot conceive of a circumstance where, under Rule 2(2), justice would demand that a former lawyer or agent be permitted to file its own costs submissions, I will limit myself to finding that no such circumstances exist in this case. I agree with the Respondent’s submission that Ms. Bateman is neither a party nor is she the agent or counsel for a party in this case and thus she has no standing to bring this motion.

[4] This motion was not only misguided but, in the end, also unnecessary as Ms. Bateman’s bills of costs were included in the Applicant’s costs submissions.

[5] The Respondent is entitled to his costs of this motion. I find that it is fair and reasonable to order that Paula Bateman pay costs of $1,000.00, inclusive of disbursements and taxes, to the Respondent forthwith.

Order

[6] Order to go as follows:

(a) Paula Bateman’s motion for leave to deliver costs submissions in respect of this proceeding is dismissed. (b) Paula Bateman shall pay costs of $1,000.00 to the Respondent forthwith.

Mr. Justice M. D. Faieta Released: June 6, 2023