Court File and Parties

Court File No.: FS-13-4015-0001 Date: 2024-04-25 Superior Court of Justice - Ontario

Re: R.R. And: J.F.

Before: Conlan J.

Counsel: Self-Represented, Applicant Sean Johnson, for the Respondent

Costs Endorsement

[1] This is further to the Court’s Reasons for Judgment after trial dated November 4, 2020, R.R. v. J.F., 2020 ONSC 6778.

[2] By Endorsement dated November 7, 2023, this Court ordered that the parties shall deliver written submissions on costs. R.R.’s written submissions were due in December 2023. To date, R.R. has not delivered any written submissions on costs. Because he is self-represented and because he emailed the court office in late November 2023 to ask for an indulgence, I deliberately waited as long as I reasonably could before deciding the matter of costs. That wait must now come to an end.

[3] J.F. was successful at trial. R.R.’s motion to change was almost entirely dismissed by this Court. J.F. is, therefore, presumptively entitled to some costs.

[4] What quantum of costs would be fair, just, reasonable, and proportionate, in all of the circumstances of this case? What amount would be commensurate with the objectives of a costs award – to partially indemnify the successful litigant, and to encourage settlement, and to address bad faith or inappropriate conduct on the part of a litigant?

[5] J.F. requests full indemnity costs in the total amount of $138,950.31. It is submitted on behalf of J.F. that she served two offers to settle, each one satisfying the requirements under 18(14) of the Family Law Rules. I agree with that submission. Having reviewed the two offers to settle, dated October 31, 2019 and February 14, 2020, there is no question that R.R. ought to have accepted either one of them. If he had done so, he would have been better off than the result after trial.

[6] J.F. is entitled to full recovery of costs from October 31, 2019, the date that the first offer to settle identified above was served on R.R.

[7] It is submitted on behalf of J.F. that she is also entitled to full recovery of costs up to October 31, 2019, on account of R.R.’s alleged “highly unreasonable” and “bad faith” conduct throughout the litigation. I respectfully disagree. R.R. was, indeed, a stubborn litigant, and many of his positions advanced during the lengthy trial presided over by this Court (14 days) were without merit, but I have decided that it would be sufficient to award to J.F. partial indemnity costs for the period of time up to October 31, 2019.

[8] On my review of the Bill of Costs filed on behalf of J.F., that results in a reduction of about $23,000.00 (the full indemnity costs up to October 31, 2019 amount to approximately $57,000.00, and sixty per cent of that figure would be about $34,000.00, meaning a reduction of about $23,000.00).

[9] Taking $23,000.00 off the total amount being claimed ($138,950.31) results in a net award of $115,950.31.

[10] Seeing nothing unreasonable about the time spent by counsel for J.F. or the hourly rates charged, this Court orders that R.R. shall pay costs to J.F. in the total amount of $115,950.31.

Conlan J.

Date: April 25, 2024