CITATION: Kerbel v. Kerbel, 2026 ONSC 4081
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
Mitchell Mark Kerbel
Applicant
– and –
Amy Kerbel
Respondent
Richard Niman, Lucia Commisso, for the Applicant
Karen Ballantyne, for the Respondent
COSTS submissions in writing
C. STEVENSON J.
costs reasons
1The respondent wife was somewhat successful on her motion for spousal support; which I decided for reasons released on June 19, 2026. Subrule 24 (3) of the Family Law Rules creates a presumption of costs in favour of the successful party.
2The respondent wife did not beat her offer to settle. She obtained less spousal support than she offered to accept.
3The applicant husband did not beat his offer to settle.
4The respondent wife sought approximately $14,000 costs of the motion, based on full indemnity inclusive of HST.
5I award her $7,000 in costs, all-inclusive, on a partial indemnity basis, payable within 30 days.
6There is no basis for awarding costs other than on a partial indemnity basis. In setting the amount payable I have considered the factors set out in subrule 24 (14) and I have also considered Boucher et al. v. Public Accountants Council for the Province of Ontario 2004 CanLII 14579 (ON CA), [2004] O.J.No. 2634 (Ont. C.A.) which shows that determining costs is “not simply a mechanical exercise.” Costs must be reasonable and proportionate. Beaver v. Hill, 2018 ONCA 840.
7I have made this reduction from what the wife requested having regard to the fact that the costs rules foster four fundamental purposes (1) to partially indemnify successful litigants; (2) to encourage settlement, (3) to discourage and sanction inappropriate behaviour by litigants and; (4) to ensure that cases are dealt with justly under subrule 2 (2) of the Family Law Rules). Mattina v. Mattina, 2018 ONCA 867.
8The award of $7,000 is the appropriate sum to satisfy and balance these objectives.
C. Stevenson J.
Released: July 14, 2026
CITATION: Kerbel v. Kerbel, 2026 ONSC 4081
COURT FILE NO.: FS-25-00053042-0000
DATE: 20260714
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
Mitchell Mark Kerbel
Applicant
– and –
Amy Kerbel
Respondent
REASONS for COSTS DECISION
C. Stevenson J.
Released: July 14, 2026