Court File and Parties

OWEN SOUND COURT FILE NO.: FS-23-0000075-0000 DATE: 20240725 SUPERIOR COURT OF JUSTICE - ONTARIO

RE: Wesley Ryan Hitchcock, Applicant AND: Christine Andrea Plumley, Respondent

BEFORE: Justice J. Sproat

COUNSEL: Steven McCutcheon, Counsel, for the Applicant Nicole M. Vaillancourt, Counsel, for the Respondent

HEARD: June 27, 2024

Costs Endorsement

[1] I have received the written submissions.

[2] As explained in my June 27, 2024 reasons on the motion, I conclude that the Applicant was acting unreasonably and in bad faith. He disrupted a three year status quo and made no real effort to get the boys to go back to their mother. This suited his purpose of avoiding having to pay child support.

[3] The Respondent was successful on the motion. Full recovery costs are appropriate as the Applicant acted unreasonably and in bad faith. Mr. McCutcheon submits the amount claimed of $11,400 plus H.S.T. is exorbitant. He does not, however, expressly take issue with the hourly rate. He has not disclosed how much time he billed so I do not have that for comparison purposes.

[4] I am not persuaded that the costs should be reduced because the Applicant is submitted to be “impecunious.” He took the extreme step of disrupting the status quo for financial-strategic reasons and must be accountable for that decision.

[5] Even on a full recovery basis, I would not award costs of $11,400 for a motion of this complexity and length. I conclude that $9,000 plus H.S.T. are appropriate in all of the circumstances. This costs order is enforceable by FRO.

Justice J. Sproat Date: July 25, 2024