COURT FILE NO.: FS-22-0197-00
DATE: 2024-11-21
ONTARIO
SUPERIOR COURT OF JUSTICE
B E T W E E N:
Nikki Robson
Ryan McNeil, for the Applicant
Applicant
- and -
Patrick Cote
Self Represented, for the Respondent
Respondent
HEARD: in writing
Regional Senior Justice W.D. Newton
Reasons on Costs
[1] Ms. Robson was successful in obtaining an order for the sale of property owned jointly with Mr. Cote[^1].
[2] By endorsement dated October 10, 2024, I directed the parties to submit written costs submissions by certain dates. Ms. Robson delivered costs submissions. Mr. Cote did not.
[3] The procedural history of this matter was summarized in my prior decision:
[2] The parties began cohabiting and purchased a home together as joint tenants in August 2015.
[3] They separated in December 2021 and, as Mr. Cote was subject to criminal charges and a release order that provided, he not contact Ms. Cote or attend at the jointly owned property. Ms. Robson resided at the jointly owned property until 2023 when she left. Since August 2023, Mr. Cote has been in possession of the jointly owned home. He has changed the locks. He has not maintained insurance on the home, and it is alleged that he has caused damage to the home.
[4] Although Ms. Robson commenced proceedings in the court in September 2022, Mr. Cote has not delivered an Answer or a sworn Financial Statement. He has had two different law firms assisting him at various times but is representing himself at present.
[5] As Mr. Cote had been noted in default, an uncontested hearing was set for March 31, 2023. On that date, Mr. Cote appeared, unrepresented, and indicated that he wished to set aside the noting of default. Nieckarz J. adjourned the uncontested trial on terms setting out a strict timeline for Mr. Cote's motion to set aside the noting of default.
[6] The parties appeared before Nieckarz J. again on May 8, 2023, at a case conference and indicated that they have reached a tentative resolution. She ordered that Mr. Cote pay costs to Ms. Robson in the amount of $1500 for the aborted uncontested trial.
[7] Obviously, since this motion was brought, the statement that the parties had a tentative resolution proved to be too optimistic. Mr. Cote has not paid the $1500 in cost ordered.
[4] The draft order that I directed was to issue stated that:
The Respondent shall pay to the Applicant her costs of this motion on a full cost recovery basis, or in an amount that this Honourable Court deems just and proper.
[5] Ms. Robson seeks costs on a full indemnity basis of $34,377 inclusive of disbursements and HST. Included in these costs is the sum of $7,245 for “wasted fees” for fees incurred in drafting a separation agreement. $27,132 is the amount claimed for the motion and the drafting of the notice of motion, two affidavits, factum, and draft order.
[6] This was not a complex motion, and the law is well settled. Responding materials were not delivered. As noted, Mr. Cote’s conduct amounted to delay.
[7] I reviewed the dockets filed in support of the claim for costs of the motion and note significant duplication of effort and work unrelated to the actual motion.
[8] Keeping in mind that costs are to be awarded generally based on what a party might reasonably be expected to be called upon for a motion of this nature, I fix the costs of this motion at $7,500 inclusive of disbursements and HST.
“Original signed by”
The Hon. Mr. Justice W.D. Newton, R.S.J.
Released: November 21, 2024
COURT FILE NO.: FS-22-0197-00
DATE: 2024-11-21
ONTARIO
SUPERIOR COURT OF JUSTICE
B E T W E E N:
Nikki Robson
Applicant
- and –
Patrick Cote
Respondent
REASONS ON COSTS
R.S.J. W.D. Newton
Released: November 21, 2024
[^1]: Robson v. Cote, 2024 ONSC 5014.