COURT FILE NO.:  01-FL-2117C

DATE:  By Written Submissions

 

 

ONTARIO

 

SUPERIOR COURT OF JUSTICE

 

 

B E T W E E N:	)
	)
PETER ROSCOE	) ) )	Self-Represented
	)
Applicant	)
	)
- and -	)
	)
	)
KENDRA ROSCOE	) ) )	Jirina Bulger and Kellie Siegner, for the Respondent
	)
Respondent	) )
	)
	)	HEARD:  By Written Submissions

 

 

DECISION ON COSTS

 

POWER J.

 

[1]          On November 29, 2005, I released Reasons for Decision with respect to motions which I heard in this matter on November 18, 2005.  In those reasons, I found that Mr. Roscoe was a vexatious litigator and I found that there was no merit to any of Mr. Roscoe’s arguments with the possible exception that the issues of spousal support and the requested accounting may not be res judicata.  I also found that, throughout this litigation, Mr. Roscoe has exhibited a contumelious attitude towards court orders and procedures.  I have found that his motion before me was frivolous, vexatious and an abuse of the procedures of this Court.  With respect to costs I said:

                        Costs

 

                        [30]      In the event that within sixty (60) days following the release of these Reasons for Decision, the parties are unable to agree on the disposition of legal costs for both the case conference of October 25, 2005 and the motion of November 18, 2005, the parties may make brief written submissions to me.

 

[2]          I have now received and have considered these submissions.

[3]          Counsel, on behalf of the Respondent, seek full indemnity for Ms. Roscoe’s costs in the amount of $10,611.71, which is inclusive of disbursements and GST.  In these circumstances, there can be no doubt but that costs should be payable by Mr. Roscoe on a full indemnity basis and I so order.  The quantum of the claim is reasonable and, therefore, I fix the costs at $10,611.71.  These costs are payable forthwith.

[4]          Mr. Roscoe, in his written submissions, sought an order awarding costs to him.  In my opinion, his claim for costs is frivolous and, therefore, it is dismissed.

 

 

___________________________

Power J.

 

 

Released:       January 25, 2006

 

COURT FILE NO.:  01-FL-2117C

DATE:  By Written Submissions

 

ONTARIO   SUPERIOR COURT OF JUSTICE     B E T W E E N:   PETER ROSCOE   Applicant   -         and –     KENDRA ROSCOE   Respondent     DECISION ON COSTS         Power J.

 

Released:       January 25, 2006