Court File and Parties
COURT FILE NO.: FC-16-2570 DATE: 2024/08/12 ONTARIO SUPERIOR COURT OF JUSTICE
B E T W E E N:
REBECCA HAPPY Applicant – and – WADIE NAROUZ Respondent
Counsel: Julie Gravelle, for the Applicant Self-Represented, for the Respondent
HEARD: In writing
cost decision
AUDET J.
Endorsement
[1]
Introduction
On May 27, 2024, I released my decision on a summary judgement motion brought by the Applicant wife. If the parties were unable to resolve the issue of costs, I permitted them to provide written submissions on costs in accordance with a set timeline. I have received both parties’ submissions, and this is my decision on costs.
2I award costs to the Applicant wife in the amount of $9,000, for the following main reasons.
[3]
Analysis
The wife was successful on all issues in this motion. She was awarded the equalization payment that she was seeking (after I ruled in her favour on most of the disputed issues), and the husband’s claims for spousal support and an unequal division of the parties’ Net Family Property were dismissed. As such, she is presumed entitled to her costs on a partial indemnity basis.
4In my decision, I found that this matter had been going on for years without final resolution as a result, mainly, of the husband being self-represented, his lack of understanding of the legal procedure and applicable legal principles, and his chronic and ongoing failure to provide all the relevant and necessary disclosure allowing the parties’ claims to be properly ascertained by the wife and the court.
5While I appreciate that the husband was self-represented, the courts have reiterated on many occasions that self-represented parties are not protected from an award of costs. They must make a reasonable assessment of their chances of success and their potential exposure to an adverse award of costs. When they choose to pursue unsuccessful claims, they cannot unduly ignore the negative financial impact of legal fees on the other party. The husband in this case was represented by various legal counsel throughout this proceeding, and he is deemed to have known that, if unsuccessful, he would be exposed to a cost award.
[6]
Offers to Settle
In addition, the wife served two formal Offers to Settle; the first on February 22, 2024, in which she offered to settle for exactly what she obtained in the motion, and the second on March 8, 2024, in which she offered to settle for approximately $1,200 less than the outcome she achieved at trial. This further supports the amount of costs being sought by the wife for this motion.
7The wife seeks costs in the amount of $9,315, which represents approximately 70% of her total costs. I find that the legal fees incurred by the wife were reasonable given the level of complexity of the issues raised in this motion and their importance.
[8]
Disposition
As a result, costs in the amount of $9,000 are awarded to the wife, payable by the husband forthwith.
Madam Justice Julie Audet Released: August 12, 2024