COURT FILE NO.: FS-24-0144-00
DATE: 2024-09-24
ONTARIO
SUPERIOR COURT OF JUSTICE
B E T W E E N:
Teri Leblanc
M. Cupello, for the Applicant
Applicant
- and -
Daniel Christianson
Self, for the Respondent
Respondent
HEARD: in writing
Regional Senior Justice W.D. Newton
Reasons on Costs
[1] For reasons delivered August 30, 2024[^1], I ordered that Mr. Christianson, the father, return the children to the mother, Ms. Leblanc.
[2] By notice dated April 15, 2024, Mr. Christianson advised Ms. Leblanc that he would be relocating his daughters about 700 km from their current residence with their mother. The mother objected two days later, and the father did not commence proceeding to relocate the children.
[3] The mother brought an application in this court for decision making and that the children reside with her. When the father delivered his Answer on August 19, 2024, he informed the mother that he would not returning the children to her after their summer visit with him.
[4] Accordingly, this motion was brought on an urgent basis. I allowed the mother’s motion.
[5] I have received the cost submission from the parties. The mother seeks substantial indemnity costs of $2,565.00. The father submits that the mother should not get any costs because she was not fully successful and served no offer to settle or, alternatively, the costs should be fixed at $1000 and payable within 30 days.
[6] The father submits that the mother was not completely successful because I did not order police enforcement. In my reasons, at paragraph 12, I state:
With respect to police enforcement, Mr. Christianson undertook to the court to abide by any court order to return the children to the mother, to save the children the stress of police enforcement. Should he fail to do so, the mother may seek such an order without notice to Mr. Christianson, and I will hear that motion on an urgent basis.
[7] That is why I did not order police enforcement. The mother was completely successful on the motion.
[8] The parties agree that the fundamental purposes of a costs order in family law cases are:
a. To indemnify a successful party against the costs of litigation;
b. to encourage settlements; and
c. to discourage and sanction inappropriate behaviour by litigants.
[9] The mother was completely successful. The father was given an opportunity to comply and did not so the motion was necessary. The failure to agree to return the children is inappropriate behaviour which the court must sanction and discourage. This is an appropriate case for substantial indemnity costs.
[10] I have reviewed the Bill of Costs. There is nothing claimed that is inappropriate for a very serious motion like this.
[11] Mr. Christianson is ordered to pay to Ms. Leblanc her costs of this motion fixed in the amount of $2565 plus HST. These costs are payable forthwith.
"Original signed by"
The Hon. Mr. Justice W.D. Newton, R.S.J.
Released: September 24, 2024
COURT FILE NO.: FS-24-0144-00
DATE: 2024-09-24
ONTARIO
SUPERIOR COURT OF JUSTICE
B E T W E E N:
Teri Leblanc
Applicant
- and –
Daniel Christianson
Respondent
REASONS ON COSTS
R.S.J. W.D. Newton
Released: September 24, 2024
[^1]: Leblanc v. Christianson, 2024 ONSC 4809.