Court File and Parties

Court File No.: FS-22-45087-0000
Date: 2025-01-15
Court: Superior Court of Justice - Ontario

Applicant: A.H.
Respondent: E.A.J.

Before: C. Conlan

Counsel:

• Ritika Narang, for the Applicant
• E.A.J., self-represented

Costs Endorsement

[1] This follows the very brief trial held on and this Court’s Endorsement dated October 7, 2024.

[2] The Applicant, Ms. H., was largely successful. She is presumptively entitled to some costs.

[3] The Respondent, Mr. J., left the courthouse on the date of the trial before the matter was finalized. He also failed or refused to file any submissions on costs as per this Court’s express direction in the October 7, 2024 Endorsement.

[4] The Applicant did file written submissions on costs. She asks for full indemnity costs of the case in the total amount of $88,758.00.

[5] In my view, the materials filed on behalf of the Applicant do not justify a full indemnity costs award being made in her favour. This Court makes no finding of bad faith against the Respondent.

[6] Although I do not accept that the Applicant did better after trial than what she offered to settle for, I agree with counsel for the Applicant that Ms. H. made reasonable efforts to resolve the case before trial. The Respondent did not.

[7] In all of the circumstances, keeping in mind the three major objectives of a costs award – (i) to at least partially indemnify a successful litigant, (ii) to encourage settlement, and (iii) to address bad faith or inappropriate conduct by a litigant, and also keeping in mind the penultimate goal of making a costs order that is fair, just, reasonable, and proportionate, I have decided to award to the Applicant total costs in an amount that is between the partial indemnity figure of $53,254.80 and the substantial indemnity figure of $71,006.40.

[8] In accepting those numbers, this Court has found nothing unreasonable or excessive about the hourly rate charged by or the time spent on this case by counsel for the Applicant.

[9] This Court therefore orders that the Respondent, Mr. J., shall pay costs to the Applicant, Ms. H., in the total amount of $60,000.00 even. Those costs shall be paid in full by 4:00 p.m. on February 28, 2025.

C. Conlan
Date: January 15, 2025