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
1I have received the written submissions.
2As 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.
3The 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.
4I 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.
5Even 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