SUPERIOR COURT OF JUSTICE - ONTARIO
RE: Kelly Mae Jones, Applicant
-and-
Chris Widenmaier, Respondent
BEFORE: Anne London-Weinstein J.
COUNSEL: Norman Lee, for the Applicant Jonathan Solomon, for the Respondent
HEARD: In Writing
COSTS ENDORSEMENT
1A trial was held in this matter from November 2-4, 2022, and March 9-10 and 13th, 2023. The issues in the case included who should be the primary parent, decision-making, parenting time and whether a shared/parallel parenting arrangement was appropriate.
2The Respondent also alleged that the Applicant sexually assaulted him, which was not established on the facts of this case.
3Other issues to be determined included the allotment of holiday time and the location of pick-ups and drop-offs for the child, who had just begun attending school.
4The Applicant was largely successful at trial as the overriding issue was who should be the primary parent and where the child should primarily reside. The child primarily resides with the Applicant Mother. The Applicant Mother is the primary decision-maker with the exception of extracurricular activities. The parties were awarded equal decision-making authority to matters pertaining to religion.
5The Respondent was successful in having Smiths Falls as the drop off point for the exchanges.
6Both parties at times behaved unreasonably. The Applicant denied the Father supervised parenting time outdoors during the pandemic. The Father also unreasonably withheld child support payments forcing the Applicant to commence an application.
7Both parties made offers to settle shortly before trial. Neither offer was accepted in whole or in part.
8There was significant animus between the parties. While the Respondent did prevail in some areas which were important to him, notably having some decision-making ability with respect to the child, a more generous parenting time schedule generally and drop off and pick-ups which are in Smiths Falls, the main issue in the case was who should be the primary parent. The Respondent was not successful in his bid to have a parallel parenting plan implemented. This was largely due to the extreme hostility existing between the parties. Therefore, the Applicant was largely the successful party after trial.
9I have reviewed Mr. Lee’s bill of costs for the trial. He has expended 79.4 hours in preparation for and participation in this trial. His rate of compensation is $175 per hour on a partial indemnity basis. This allotment of time, which includes attendance at the trial is reasonable in all of the circumstances. Therefore, costs are awarded to the Applicant in the amount of $13,895.
Anne London-Weinstein J.
Date: November 6, 2023
COURT FILE NO.: FC-19-0267
DATE: 2023/11/06
ONTARIO
SUPERIOR COURT OF JUSTICE
RE: Kelly Mae Jones, Applicant
-and-
Chris Widenmaier, Respondent
BEFORE: Anne London-Weinstein J.
COUNSEL: Norman Lee, for the Applicant Jonathan Solomon, for the Respondent
COSTS ENDORSEMENT
Anne London-Weinstein J.
Released: November 6, 2023