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Court reduces requested costs after successful disclosure motion.
Following a successful motion to obtain financial disclosure and enforce a prior court order in a family law matter, the applicant sought costs of $16,147.
The respondent disputed the quantum, arguing unnecessary steps, duplication of services, and efforts to comply with the prior order.
The court noted the motion was largely successful but observed issues with civility between the parties and duplication in the applicant’s billing.
Considering the circumstances, including the relative simplicity of the issues and the discretionary nature of costs, the court reduced the requested amount.
Costs were fixed at $10,000 plus disbursements and HST.
The accused was convicted of sexual interference after the court accepted the minor complainant's testimony and rejected the accused's conflicting narrative.
The accused was charged with sexual assault and sexual interference with a minor complainant during the summer of 2009.
The complainant alleged that the accused engaged in digital penetration on two occasions while she was staying at his home.
The accused denied the allegations, claiming the complainant was an unwelcome intruder whom he had banished from his home after discovering her in a sexual situation with his daughter.
The trial judge rejected the accused's evidence as internally inconsistent and incredible, finding that his professed behavior following the alleged sexual assault of his daughter was unreasonable and unbelievable.
The trial judge accepted the complainant's evidence as credible and reliable, finding her testimony concrete, guileless, and unexaggerated.
The trial judge found the accused guilty of both counts, with the sexual assault count conditionally stayed pursuant to the Kienapple principle, resulting in a conviction on sexual interference.
