Court File and Parties

Barrie Court File No.: FC-18-1400-01 Date: 2024-12-19 Superior Court of Justice – Ontario – Family Court

Re: Kim Marriott, Applicant /Responding Party -and- Marcel Marriott, Respondent/Moving Party

Before: The Honourable Madam Justice S.E. Healey

Counsel: Dale Brawn, for the Applicant/Responding Party Danielle Gendron, for the Respondent/Moving Party

Heard: In Writing

Costs Endorsement

[1] The respondent’s Motion to Change was determined in his favour, with the exception of a change in spousal support.

[2] At the conclusion of my Reasons, I directed counsel to upload their cost outlines and any offers to settle to Case Centre upon receipt of the Reasons, which were released to counsel on November 27, 2024.

[3] Counsel were reminded to do so by my judicial assistant on December 5, 2024.

[4] On December 6, 2024, counsel for the respondent uploaded her cost submissions. On December 13, 2024, another reminder was sent by email from my judicial assistant to the applicant’s counsel. No reply has been received and no cost outline or submissions have been filed or uploaded to Case Center on her behalf as of today, December 18, 2024.

[5] The respondent’s request for costs proceeds on an unopposed basis.

[6] I have reviewed the formal offers delivered by the respondent. Acceptance of the offer dated September 11, 2024 would have placed the applicant in a better position than the outcome of the motion, as would have been the case if she had accepted the child support provisions of the offer dated November 20, 2024, the terms of which were severable.

[7] The respondent’s calculations for the retractive child support adjustments were relied on by the court, as they were more accurate than those put forward by the applicant. The court also agreed that the respondent’s calculation of travel expenses was reasonable and agreed that the applicant should bear those costs. As described in my Reasons, the applicant’s conduct in moving to Sudbury in the circumstances of this case, and her refusal to share in the increased transportation costs, was unreasonable.

[8] I have reviewed the Bill of Costs filed by the respondent’s lawyer. The rates and times charged are reasonable. Consideration will not be given to the costs incurred by the respondent for his previous counsel in the absence of documentary proof.

[9] Having consideration to the factors listed in s. 24(12) of the Family Law Rules, and the reasonable expectations of the applicant as the unsuccessful party – for which there is little evidence since no submissions were provided - I find that an amount that is fair and reasonable for the applicant to pay in costs is $9,500.

[10] This court orders that the applicant shall pay to the respondent costs of this Motion to Change fixed in the amount of $9,500 inclusive.

Healey, J.

Released: December 19, 2024