Cost Penalties in Family Law

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

      Peter Karl Roscoe

 

        Sept  2008

 

 

 

 

 

 

 

 

 

 

 

                                                                      Contents

 

 

 

 

                                                                                                                                                            Page

 

 

Introduction                                                                                                                                            1

 

 

Cost Penalty Data Summary                                                                                                                   1

 

Total Cost Penalties                                                                                                                                1

 

Interim Cost Penalties                                                                                                                             2

 

Divorce Trial Cost Penalties                                                                                                                   3

 

Variation Cost Penaties                                                                                                                           4

 

 

Conclusions                                                                                                                                             5

 

 

Appendix  1 A Cost Penalties Against Men                                                                                            8

 

Appendix  1 B Cost Penalties Against Women                                                                                     26

 

Appendix 2 Cost Case Extracts                                                                                                              32

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

                                                        Introduction

 

 

It is a longstanding tradition in civil law that the court will assign a cost penalty to the losing party to help reimburse the winning party for the fees they had to spend for a lawyer to bring the matter before the court. The size of the award is typically based on the bill for the winning parties lawyer. In general the court would assign approximately 70 % of the lawyers bill as a cost penalty. If the losing party acted in bad faith causing unnecessary or protracted litigation, full indemnity costs may be ordered requiring the loser to pay all of the winning parties lawyers fees. Cost penalties are completely at the discretion of the presiding justice. Judges may alter the percent of lawyers fees awarded, or decline to order costs, or even award costs to the losing party instead. This study examines 515 cost penalties made against family law litigants between the years 2000 and 2008 from the Ontario Superior Courts. All data was taken from the Canlii legal network, and no cases that gave the dollar value of cost penalty awards were omitted. Cases which could be clearly identified as interim motions, full divorce trials, or post divorce variations have been separated so the costs of these specific actions can be evaluated. The cases used in this study are listed in Appendix 1. Extracts from selected cases have been included in Appendix 2. Conclusions may be found on page 8 following a summary of the data.

 

 

 

 

                                                 Cost Penalty Data Summary

 

 

Total Cost Penalties

 

 

 

Total Cost Penalties Against Men   ( in 1000 $’s )

 

Number = 402               Mean  = 26.7                Median = 7.4               SD = 127             Total = 10733.4

 

0.3000 0.4000 0.5000 0.5000 0.6000 0.7000 0.7000 0.7000 0.8000 0.8000 0.8000 0.8000 0.8000 0.8000 0.8000 0.9000 0.9000 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.100 1.100 1.200 1.200 1.300 1.400 1.500 1.500 1.500 1.500 1.500 1.500 1.500 1.500 1.500 1.500 1.500 1.500 1.500 1.500 1.500 1.500 1.500 1.500 1.600 1.700 1.700 1.800 1.800 1.900 2.000 2.000 2.000 2.000 2.000 2.000 2.000 2.000 2.000 2.000 2.000 2.000 2.000 2.100 2.100 2.100 2.300 2.300 2.400 2.500 2.500 2.500 2.500 2.500 2.500 2.500 2.500 2.500 2.500 2.500 2.600 2.800 3.000 3.000 3.000 3.000 3.000 3.000 3.000 3.000 3.000 3.000 3.000 3.100 3.200 3.300 3.300 3.500 3.500 3.500 3.500 3.500 3.500 3.500 3.500 3.500 3.500 3.500 3.500 3.500 3.800 3.800 3.800 3.800 4.000 4.000 4.000 4.000 4.000 4.000 4.000 4.000 4.000 4.000 4.000 4.100 4.100 4.300 4.300 4.500 4.500 4.500 4.500 4.500 4.500 4.500 4.700 4.700 5.000 5.000 5.000 5.000 5.000 5.000 5.000 5.000 5.000 5.000 5.000 5.000 5.000 5.000 5.000 5.000 5.200 5.500 5.500 5.500 5.500 5.500 5.700 5.800 5.800 5.800 5.900 5.900 5.900 6.000 6.000 6.000 6.000 6.000 6.000 6.000 6.000 6.200 6.400 6.400 6.500 6.500 6.500 6.600 6.800 6.900 7.000 7.000 7.000 7.000 7.000 7.000 7.000 7.000 7.200 7.200 7.300 7.400 7.400 7.500 7.500 7.500 7.500 7.500 7.500 7.800 8.000 8.000 8.000 8.000 8.000 8.000 8.200 8.500 8.500 8.500 8.500 8.500 8.600 8.700 8.800 9.000 9.000 9.000 9.000 9.000 9.200 9.300 9.400 9.500 9.600 9.700 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.20 10.50 10.60 10.80 10.90 11.00 11.00 11.00 11.00 12.00 12.00 12.00 12.00 12.00 12.10 12.10 12.40 12.50 12.50 12.50 12.50 12.60 12.80 13.40 13.50 13.60 14.00 14.30 14.50 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.50 15.70 15.70 15.80 16.00 16.20 16.50 16.60 17.00 17.00 17.80 17.90 18.00 18.00 18.50 18.90 19.30 19.50 19.50 19.50 20.00 20.00 20.00 20.00 20.00 20.00 20.30 20.60 21.30 22.00 22.50 22.50 23.90 24.40 25.00 25.00 25.00 26.00 28.00 28.70 30.60 31.00 31.40 31.50 32.80 33.80 34.00 34.00 34.00 34.00 34.30 35.00 35.00 36.00 36.40 36.90 38.00 38.00 39.00 39.50 40.00 40.00 40.00 40.00 41.00 42.00 42.00 42.00 44.00 44.70 45.00 45.00 45.90 46.00 46.80 48.00 48.60 49.00 49.00 50.00 50.70 51.00 56.00 58.70 60.90 64.00 70.00 70.00 75.00 75.00 85.00 85.80 87.90 90.00 91.60 93.00 95.00 103.4 112.4 117.0 144.6 150.0 183.0 183.8 200.0 275.0 320.0 370.0 997.7 2250.

 

 

 

Total Cost Penalties Against Women  ( in 1000 $’s )

 

Number = 113               Mean  = 17.4                Median = 5.5               SD = 38.1              Total = 1966.2

 

0.1000 0.2000 0.2000 0.3000 0.3000 0.5000 0.7000 0.7000 0.8000 1.000 1.300 1.300 1.500 1.500 1.500 1.500 1.500 1.500 1.500 1.500 1.800 2.000 2.000 2.000 2.000 2.000 2.000 2.000 2.400 2.500 2.500 2.500 2.700 3.000 3.000 3.000 3.000 3.000 3.000 3.000 3.000 3.500 3.500 3.500 4.000 4.000 4.000 4.200 4.200 4.250 4.500 4.800 5.000 5.000 5.200 5.300 5.500 5.500 5.800 5.800 6.000 6.300 6.400 6.500 7.000 7.500 7.500 8.000 8.000 9.000 9.000 9.500 9.500 10.00 10.00 10.00 10.00 12.00 13.60 13.70 14.00 14.50 14.50 15.00 15.00 15.00 16.00 16.00 18.00 20.00 20.00 21.60 25.00 27.50 27.50 28.00 28.80 31.00 32.00 32.00 32.50 35.00 40.00 40.70 45.00 45.50 56.00 67.00 70.00 89.00 211.0 215.0 252.9

 

 

 

Men received ( 402 / 515 x 100 ) 78.4 % of all cost penalties. Men paid ( 10733.4 / 12699.6 x 100 ) 84.5 % of the total dollar value of all awards.Cost penalties made against men were ( 100 – [ 17.4 / 26.7 x 100 ] ) 34.8 % higher than women on average. Median cost penalties were ( 100 – [ 5.5 / 7.4 x 100 ] ) 25.6 % higher.

 

 

 

 

 

 

Interim Cost Penalties

 

 

 

Interim Cost Penalties Against Men  ( in 1000 $’s )

 

Number = 100               Mean  = 5.74               Median = 3.00              SD = 10.1              Total = 5740.0

 

0.4000 0.5000 0.5000 0.6000 0.7000 0.7000 0.8000 0.8000 0.8000 0.8000 0.8000 1.000 1.000 1.100 1.300 1.400 1.500 1.500 1.500 1.500 1.500 1.500 1.500 1.500 1.700 1.700 1.800 1.800 2.000 2.000 2.000 2.000 2.000 2.000 2.100 2.100 2.300 2.300 2.500 2.500 2.500 2.500 2.500 2.500 2.500 3.000 3.000 3.000 3.000 3.000 3.000 3.000 3.000 3.000 3.200 3.500 3.500 3.500 3.500 3.800 3.800 4.000 4.100 4.500 4.700 5.000 5.000 5.000 5.000 5.000 5.200 5.500 5.500 6.000 6.000 6.000 6.500 6.600 7.000 7.000 7.500 7.500 8.000 9.000 9.200 10.50 12.00 12.00 12.50 12.60 13.40 15.00 15.00 15.00 15.50 16.00 16.60 19.30 28.00 93.00

 

 

 

Interim Cost Penalties Against Women  ( in 1000 $’s )

 

Number = 39               Mean  = 3.49                Median = 2.00               SD = 5.47                Total = 136.1

 

0.1000 0.2000 0.2000 0.3000 0.3000 0.5000 0.7000 0.7000 0.8000 1.000 1.300 1.500 1.500 1.500 1.500 1.500 1.500 1.500 1.500 2.000 2.000 2.000 2.000 2.000 3.000 3.000 3.000 3.000 3.000 3.000 4.200 4.200 5.300 5.800 6.500 8.000 10.00 13.70 32.00

 

 

 

Total Interim Cost Penalties  ( in 1000 $’s )

 

Number = 139               Mean  = 5.10                Median = 3.00               SD = 9.07                Total = 708.9

 

0.1000 0.2000 0.2000 0.3000 0.3000 0.4000 0.5000 0.5000 0.5000 0.6000 0.7000 0.7000 0.7000 0.7000 0.8000 0.8000 0.8000 0.8000 0.8000 0.8000 1.000 1.000 1.000 1.100 1.300 1.300 1.400 1.500 1.500 1.500 1.500 1.500 1.500 1.500 1.500 1.500 1.500 1.500 1.500 1.500 1.500 1.500 1.500 1.700 1.700 1.800 1.800 2.000 2.000 2.000 2.000 2.000 2.000 2.000 2.000 2.000 2.000 2.000 2.100 2.100 2.300 2.300 2.500 2.500 2.500 2.500 2.500 2.500 2.500 3.000 3.000 3.000 3.000 3.000 3.000 3.000 3.000 3.000 3.000 3.000 3.000 3.000 3.000 3.000 3.200 3.500 3.500 3.500 3.500 3.800 3.800 4.000 4.100 4.200 4.200 4.500 4.700 5.000 5.000 5.000 5.000 5.000 5.200 5.300 5.500 5.500 5.800 6.000 6.000 6.000 6.500 6.500 6.600 7.000 7.000 7.500 7.500 8.000 8.000 9.000 9.200 10.00 10.50 12.00 12.00 12.50 12.60 13.40 13.70 15.00 15.00 15.00 15.50 16.00 16.60 19.30 28.00 32.00 93.00

 

 

 

Interim penalties include all pretrial hearings. Some interim issues may require several hearings to resolve an issue. Post trial variations may also require interim hearings. Cost determinations may be made with the motion or reserved for the trial judge. Interim cost penalties made against men were ( 100 – [ 3.49 / 5.74 x 100 ] ) 39.2 % higher than women on average. Median interim cost penalties were ( 100 – [ 2.00 / 3.00 x 100 ] ) 33.3 % higher. Assuming interim cost penalties are 70 % of fees charged by lawyers, the average lawyers fee for an interim motion is ( 5.12 100 / 70 ) 7.31 K. The median fee is ( 3.00 x 100 / 70 ) 4.29 K.

 

 

 

 

 

 

Divorce Trial Cost Penalties

 

 

 

Divorce Trial Cost Penalties Against Men  ( in 1000 $’s )

 

Number = 140              Mean  = 59.9               Median = 21.3              SD = 209                Total = 8386.0

 

1.000 1.200 1.500 2.000 2.800 3.300 3.500 3.500 3.800 4.500 4.500 5.000 5.000 5.000 5.500 5.700 5.900 6.000 6.400 6.500 7.000 7.000 7.200 7.300 7.500 7.500 8.000 8.000 8.500 8.600 8.800 9.000 9.000 9.000 9.400 9.700 10.00 10.00 10.00 10.60 10.80 11.00 11.00 12.00 12.00 12.10 12.10 12.50 12.50 13.60 14.30 14.50 15.00 15.00 15.00 15.00 15.00 15.70 16.20 17.00 17.90 18.00 18.90 19.50 20.00 20.00 20.00 20.00 20.30 20.60 22.00 22.50 22.50 23.90 24.40 25.00 25.00 26.00 28.70 30.60 31.00 31.40 31.50 32.80 33.80 34.00 34.00 34.00 34.30 35.00 35.00 36.00 36.40 36.90 38.00 38.00 39.00 39.50 40.00 40.00 40.00 41.00 42.00 42.00 42.00 44.70 45.00 45.00 46.00 46.80 48.00 48.60 49.00 49.00 50.00 50.70 51.00 60.90 64.00 70.00 75.00 75.00 85.00 85.80 87.90 90.00 91.60 95.00 103.4 112.4 117.0 144.6 150.0 183.0 183.8 200.0 275.0 320.0 997.7 2250.

 

 

 

 

Divorce Trial Cost Penalties Against Women  ( in 1000 $’s )

 

Number = 34               Mean  = 42.7                Median = 20.8               SD = 61.9              Total = 1454.2

 

1.300 3.000 4.000 7.000 7.500 9.000 9.500 10.00 10.00 12.00 13.60 14.00 14.50 15.00 15.00 18.00 20.00 21.60 25.00 27.50 27.50 28.80 32.00 32.50 40.00 40.70 45.00 45.50 67.00 70.00 89.00 211.0 215.0 252.9

 

 

Total Divorce Trial Cost Penalties  ( in 1000 $’s )

 

Number = 174              Mean  = 56.5                Median = 21.1              SD = 191               Total = 9831.0

 

1.000 1.200 1.300 1.500 2.000 2.800 3.000 3.300 3.500 3.500 3.800 4.000 4.500 4.500 5.000 5.000 5.000 5.500 5.700 5.900 6.000 6.400 6.500 7.000 7.000 7.000 7.200 7.300 7.500 7.500 7.500 8.000 8.000 8.500 8.600 8.800 9.000 9.000 9.000 9.000 9.400 9.500 9.700 10.00 10.00 10.00 10.00 10.00 10.60 10.80 11.00 11.00 12.00 12.00 12.00 12.10 12.10 12.50 12.50 13.60 13.60 14.00 14.30 14.50 14.50 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.70 16.20 17.00 17.90 18.00 18.00 18.90 19.50 20.00 20.00 20.00 20.00 20.00 20.30 20.60 21.60 22.00 22.50 22.50 23.90 24.40 25.00 25.00 25.00 26.00 27.50 27.50 28.70 28.80 30.60 31.00 31.40 31.50 32.00 32.50 32.80 33.80 34.00 34.00 34.00 34.30 35.00 35.00 36.00 36.40 36.90 38.00 38.00 39.00 39.50 40.00 40.00 40.00 40.00 40.70 41.00 42.00 42.00 42.00 44.70 45.00 45.00 45.00 45.50 46.00 46.80 48.00 48.60 49.00 49.00 50.00 50.70 51.00 60.90 64.00 67.00 70.00 70.00 75.00 75.00 85.00 85.80 87.90 89.00 90.00 91.60 95.00 103.4 112.4 117.0 144.6 150.0 183.0 183.8 200.0 211.0 215.0 252.9 275.0 320.0 997.7 2250.

 

 

 

 

Divorce trial cost penalties  may include interim motions or just the trial itself. Cost penalty rulings made against men were ( 100 – [ 42.7 / 59.9 x 100 ] ) 28.7 % higher than women on average. Median divorce trial cost penalties were ( 100 – [ 20.8 / 21.3 x 100 ] ) 9.8 % higher. Assuming divorce trial cost penalties are 70 % of fees charged by lawyers, the average lawyers fee for an interim motion is ( 56.5 100 / 70 ) 80.7 K. The median fee is ( 21.1 x 100 / 70 ) 30.1 K

 

 

 

 

 

 

Variation Cost Penalties

 

 

 

 

Variation Cost Penalties Against Men  ( in 1000 $’s )

 

Number = 54               Mean  = 11.3                Median = 6.2               SD = 13.1                Total = 610.2

 

0.3000 0.8000 0.8000 0.9000 1.000 1.500 1.500 1.900 2.500 2.500 2.600 3.300 3.500 3.500 3.800 4.000 4.000 4.000 4.100 4.300 5.000 5.000 5.800 5.800 5.800 5.900 6.000 6.400 7.000 7.500 8.500 8.700 9.500 9.600 10.00 10.00 10.90 11.00 12.00 12.40 12.50 13.50 15.00 15.00 15.70 17.00 18.00 21.30 25.00 34.00 40.00 45.90 56.00 58.70

 

 

 

Variation Cost Penalties Against Women  ( in 1000 $’s )

 

Number = 18               Mean  = 11.9                Median = 6.0               SD = 14.3                Total = 214.2

 

2.500 2.500 3.500 4.000 4.500 4.800 5.000 5.200 5.500 6.400 7.500 9.000 9.500 10.00 16.00 28.00 35.00 56.00

 

 

 

 

 

Total Variation Cost Penalties  ( in 1000 $’s )

 

Number = 72               Mean  = 11.3                Median = 6.2               SD = 13.2                Total = 813.6

 

0.3000 0.8000 0.8000 0.9000 1.000 1.500 1.500 1.900 2.500 2.500 2.500 2.500 2.600 3.300 3.500 3.500 3.500 3.800 4.000 4.000 4.000 4.000 4.100 4.300 4.500 4.800 5.000 5.000 5.000 5.200 5.500 5.800 5.800 5.800 5.900 6.000 6.400 6.400 7.000 7.500 7.500 8.500 8.700 9.000 9.500 9.500 9.600 10.00 10.00 10.00 10.90 11.00 12.00 12.40 12.50 13.50 15.00 15.00 15.70 16.00 17.00 18.00 21.30 25.00 28.00 34.00 35.00 40.00 45.90 56.00 56.00 58.70

 

 

 

 

Most post divorce variations are to vary either custody and access provisions or support. Variation cost penalties made against women were ( 100 – [ 11.3 / 11.9 x 100 ] ) 9.5 % higher than men on average. Median variation cost penalties made against men were ( 100 – [ 6.0 / 6.2 x 100 ] ) 3.2 % higher than those against women. Assuming variation cost penalties are 70 % of fees charged by lawyers, the average lawyers fee for a variation is ( 11.3 100 / 70 ) 16.1 K. The median fee is ( 6.2 x 100 / 70 ) 8.9 K

 

 

 

 

 

 

 

 

 

                                                              Conclusions

 

 

 

 

 

Cost Penalties  ( in 1000 $’s )

 

 

 

 

All Penalties

Interim Motions

Divorce Trials

Variations

 

 

 

 

 

Male     ( mean / median )

 26.7 / 7.4

 5.74 / 3.00

 59.9 / 21.3

  11.3 / 6.2

Female  ( mean / median )

 17.4 / 5.5

 3.49 / 2.00

 42.7 / 20.8

  11.9 / 6.0

 

 

 

 

 

Total     ( mean / median )

 

 5.10 / 3.10

 56.5 / 21.1

  11.3 / 6.2


 

 

 

 

 

 

 

 

 

 

Lawyers Fees  ( in 1000 $’s )

 

 

 

All Penalties

Interim Motions

Divorce Trials

Variations

 

 

 

 

 

Male     ( mean / median )

 38.1 / 10.6

 8.20 / 4.29

 85.6 / 30.4

  16.1 / 8.9

Female  ( mean / median )

 24.9 / 7.8

 4.98 / 2.86

 61.0 / 29.7

  17.0 / 9.1

 

 

 

 

 

Total     ( mean / median )

 

 7.31 / 4.29

 80.7 / 30.1

  16.1 / 8.9


 

 

 

Men received 78.4 % of all cost penalties, which accounted for 84.5 % of total dollar values. Men paid higher cost penalties in every category except for mean variations where women paid slightly higher. Assuming cost penalties are 70 % of lawyers fees, the average lawyers fee for a full divorce trial is 80.7 K, and the median fee is 30.1 K. A full divorce trial would typically cost a divorcing family at least 60 K. The average lawyers fee for an interim motion would be 7.3 K, and the median fee 4.3 K. An interim motion would typically cost a divorcing family at least 8 K. The average lawyers fee for a variation would be 16.1 K, and the median fee 8.9 K. A variation would typically cost a divorced family at least 18 K.

 

 

 

 

 

Lawyers Fees Adjusted for Cost Penalties  ( in 1000 $’s )

 

 

 

Interim Motions

Divorce Trials

Variations

 

 

 

 

Losing Party        ( mean / median )

  12.43 / 7.29

  137.2 / 51.9

  27.4 / 15.1

Winning Party     ( mean / median )

   2.19 / 1.27

   24.2 / 9.0

   4.8 / 2.7

 

 

 

 

Both Parties         ( mean / median )

  14.62 / 8.58

  161.4 / 60.2

  32.2 / 17.8


 

 

 

The data from this study would show that either lawyers charged men and women differential rates, or judges assigned different percentages of fees as cost penalties. Assuming fees and penalties were equal for both sexes, and the loser recieved a cost penalty of 70 % of the winners fees, the chart above shows how the legal costs of family hearings would be apportioned. The odds are lowest that both partners would be charged above the mean or below the median, so the spread between them would represent the range for most divorces. Actual costs would usually be dependent on complexity, and the level of conflict between partners.

 

 

 

 

 

 

 

 

 

Average Total Income by Economic Family Type 2000 - 2006

(constant 2006 $’s )

 

 

 

   2002

   2003

   2004

   2005

   2006

Married couples only

 

 

 

 

 

One earner

59,600

60,400

64,000

66,200

64,500

Two earners

89,500

85,600

85,300

89,000

91,400

Two parent families with children4

 

 

 

 

 

One earner

69,500

71,300

68,900

65,500

66,300

Two earners

90,600

91,000

94,300

92,700

93,300

Lone-parent families

 

 

 

 

 

Male lone-parent families

54,300

58,800

54,900

65,500

67,100

Female lone-parent families

34,300

34,500

34,500

40,900

40,900


 

Abridged from Statistics Canada  CANSIM table 202-0403 catalogue no. 75-202-XIE

 

 

 

 According to Statistics Canada the average married couple with one earner has a 2006 before tax income of 64.5 K. With 2 earners it’s 91.4 K. For families with children it’s slightly higher. The average male lone parent family has an income of 67.1 K, and the average female lone parent family has an income of 40.9 K. Taxes would usually account for 25 – 35 % of incomes, and it would cost at least 15 K per new household to survive for the year. None of these average families can afford the costs of losing an average full divorce without expending more than 2 years of remaining available disposable income. None of these average families could afford to be the loser in a median full divorce without expending more than a full years available income. After consideration of support, it would cost a non custodial parent close to 2 years available income to lose an average variation, and a years income to lose a median one.

 

 

The legal costs of most family law related court actions are high enough to cause financial damage to divorced families. Appendix C gives many examples where costs have got out of hand. In some cases legal costs exceeded the value of the issue litigated many times over, or have wound up being so high they could preclude the family from affording higher educations for their children. There are even cases listed where judges have penalized lawyers for protracting the court proceedings. The high costs of litigation may also force divorcing spouses to represent themselves in court. If penalized, they are in effect forced to pay for their partners to hire a lawyer while they do without. Average non custodial parents would generally have incomes too high to qualify for social assistance or government legal aid plans. The data shows that’s 139 out of 402, or 34.6 %, of males penalized were self represented. 21 out of 113, or 18.6 %, of females penalized were self represented. Females are more often custodial parents and support recipients, so that may help explain some of the differences.

 

 

 

 

 

 

 

 

 

 

 

Appendix 1 Cost Penalties

 

 

 

A)    Penalties Against Men

 

 

Contents

 

 

1  Sex of Judge                                               M – male                          F - female

 

2  Region                                Ce – central east                Cs – central south            Cw – central east

                                                 E – eastern                       Ne – north east                 Nw – north west

                                               Sw – south west                  T - Toronto

 

3  Sex of Mans Lawyer          M – male     F – female     L – lawyer     sr – self represented      ex – ex parte

 

4  Sex of Womans Lawyer     M – male     F – female     L – lawyer     sr – self represented      ex – ex parte

 

5  Type of Penalty              i  interim                d – divorce trial              v – variation               m - motion

 

6  Amount of cost penalty        ( in 1000 $’s )

 

 

 

   Judge

 1

 2

3

4

                Case

  5

  6

                 Description

 

 

Shaw

M

Nw

sr

M

A.J.B. v. L.M.R.B., 2006 CanLII 26161 (ON S.C.)

i

3.0

Wife gets 3 K on interim motion, asks for 6 K

 

Low

F

T

sr

M

A.J.K. v. S.L.M., 2003 CanLII 2409 (ON S.C.)

v

56.0

Wife gets 56 K cost penalty on custody access variation action, offset against 8 K owed in costs for interim motion by husband

Gordon

M

Cs

sr

M

A.P. v. G.P., 2006 CanLII 17600 (ON S.C.)

t

17.9

Divorce action, 17.9 K costs

 

Herman

F

T

M

M

Adamson v. Steed, 2007 CanLII 1328 (ON S.C.)

t

20.0

3 day trial, wife asks 47.5 K gets 20 K

O’Neill

M

Ne

F

M

Agresti v. Hatcher, 2004 CanLII 8311 (ON S.C.)

i

28.0

28 K to pay ex wifes pretrial costs

 

Blishen

F

E

ex

F

Ahern v. Ahern, 2007 CanLII 37672 (ON S.C.)

v

5.0

$ 1762 per month child support, $ 270 per month spousal support, s.7 expenses and retroactive support of 35.9 K, 5 K costs

McCartney

M

Nw

sr

M

Almgren v. Almgren, 2006 CanLII 7502 (ON S.C.)

t

12.0

Divorce action, all that was left for trial was support, wife asks 18.6 and gets 12 K

 

Herman

F

T

M

M

Altobello v. Altobello, 2006 CanLII 44265 (ON S.C.)

m

2.5

Motion, 2.5 K  costs

Glithero

M

Cs

L

L

Ashley v. Ashley, 2006 CanLII 32603 (ON S.C.)

m

8.0

Support motion, 8 K costs

 

Flynn

M

Cs

sr

F

Atkinson v. Atkinson, 2007 CanLII 14318 (ON S.C.)

t

14.5

Divorce trial. 14.5 K

 

Rivard

M

Ne

M

M

Attow v. Bang, 2006 CanLII 6695 (ON S.C.)

m

1.5

Low court award of 10 K costs overturned and 1.5 K costs instead

 

Gauthier

F

Ne

sr

M

Aube v. Aube, 2008 CanLII 43572 (ON S.C.)

i

8.0

8 K costs for July 2001 motion to vary support of 2.6 K per month and wifes denied motion to strike pleadings

 

Riopelle

M

Ne

sr

M

Aube v. Aube, 2008 CanLII 43572 (ON S.C.)

m

1.5

Apr 2000 motion setting support at 2.6 K per month, 1.5 K costs

 

Whalen

M

Ne

sr

M

Aube v. Aube, 2008 CanLII 43572 (ON S.C.)

m

1.0

Non harassment order subject to review made in Apr 2000, 1 K costs

 

Macdonald

F

T

F

M

Aunger v. Aunger, 2005 CanLII 9665 (ON S.C.)

t

33.8

33.8 K for trial

Kurisko

M

Nw

sr

M

B. P. v. T.-L. P., 2003 CanLII 2446 (ON S.C.)

m

2.0

2 K costs of motion

 

Clark

M

T

M

M

Babb v. Downer, 2005 CanLII 6047 (ON S.C.)

m

4.0

Costs of motion 4 K

Stach

M

Nw

M

M

Bacskai v. Bacskai, 2006 CanLII 44260 (ON S.C.)

i

1.5

Interim motion for summary judgment dismissed 1.5 K costs

 

Backhouse

F

T

sr

F

Ballentine v. Ballentine, 2001 CanLII 28151 (ON S.C.)

v

7.5

7.5 K costs for dismissed motion to vary support, man declared a vextacious litigant, 307 K arrears, 6.2 K costs of appeal

Platana

M

Nw

sr

sr

Bauer v. Bauer, 2006 CanLII 28731 (ON S.C.)

t

8.5

Divorce action, wife gets 8.5 K

 

Platana

M

Nw

sr

F

Bauer v. Bauer, 2007 CanLII 16624 (ON S.C.)

m

3.5

Husband makes failed motion for contempt, 3.5 K costs

 

Turnbull

M

Cs

sr

F

Beal v. Beal, 2005 CanLII 30326 (ON S.C.)

t

22.5

Wife gets 22. 5 K costs for divorce action which is roughly equal to what she owes husband for equalization

 

Riopelle

M

Ne

sr

F

Beaudry v. Beaudry, 2004 CanLII 20399 (ON S.C.)

 

m

15.0

a lien on his motorcycle transfer of 30 K of RRSP for arrears and lump sum, , 15 K costs

 

Scott

F

Ce

M

F

Beaumont v. Beaumont, 2006 CanLII 20528 (ON S.C.)

t

87.9

Divorce action, 84.9 K costs, and 3 K costs to apportion award.

Jarvis

M

T

sr

M

Bechler v. Bechler, 2004 CanLII 32270 (ON S.C.)

i

2.5

2.5 K for motion

Sachs

F

T

sr

M

Bechler v. Bechler, 2004 CanLII 879 (ON S.C.)

t

10.8

Divorce action, wife claims 48K gets 10.8 K

Stewart

F

T

M

F

Bekarkhanchi v. Bozchelouei, 2004 CanLII 7044 (ON S.C.)

m

7.0

7 K costs of motion

Sproat

M

Cw

M

M

Benak v. Benak, 2006 CanLII 6906 (ON S.C.)

t

48.6

Divorce action, wife gets 48.6 K costs

 

Loukidelis

M

Ne

M

M

Bevacqua v. Bevacqua, 2003 CanLII 1936 (ON S.C.)

m

10.0

10 K costs and GST

 

Aitken

F

E

M

M

Bhoi v. Bhoi, 2001 CanLII 28172 (ON S.C.)

m

2.0

2 K costs of motion

Blishen

F

E

M

M

Biddle v. Biddle, 2005 CanLII 7660 (ON S.C.)

i

12.0

Wife claims 19.5 K for interim support motion and gets 12 K

Campbell

M

Sw

M

M

Biggin v. Maloney, 2006 CanLII 7511 (ON S.C.)

t

1.5

Simple case, 1.5 K costs

 

Flynn

M

Cs

L

L

Boddington v. Boddington, 2003 CanLII 45771 (ON S.C.)

m

8.5

8.5 K costs of motion

 

Sills

M

Cs

sr

M

Bolentiru v. Radulescu, 2004 CanLII 34775 (ON S.C.)

t

20.6

Divorce action marriage declared invalid,  wife asks 45.4 K  gets 20.6 K

 

McCartney

M

Nw

sr

F

Bolt v. Bolt, 2006 CanLII 8876 (ON S.C.)

t

31.0

Divorce action, husbands pleadings struck, wife asks 45.5 K and gets 31 K

 

O’Neill

M

Ne

M

F

Borden v. Racicot, 2003 CanLII 2065 (ON S.C.)

i

1.3

Interim motion, 1.3 K costs

 

Fragomeni

M

Cw

M

F

Bradley v. Bradley, 2003 CanLII 28218 (ON S.C.)

i

6.5

Wife gets 6.5 K for interim motion

 

Hambly

M

Cs

M

M

Brandon v. Brandon, 2003 CanLII 2069 (ON S.C.)

m

0.7

Access motion to determine where children go to school, 0.7 K costs

 

Polowin

F

E

F

sr

Brazeau v. Lefebvre, 2003 CanLII 2165 (ON S.C.)

m

5.0

Self represented wife gets 5 K costs

Borkovich

M

Cs

M

F

Bremer v. Bremer, 2005 CanLII 6387 (ON S.C.)

m

15.0

15 K costs incurred by wife due to husbands intransience

 

Campbell

M

Sw

F

F

Brennan v. Brennan, 2002 CanLII 2742 (ON S.C.)

i

2.1

Interim motion,both parties claim to have spent over 30 K, 2.1 K costs

 

De Sousa

F

E

M

M

Brophy v. Brophy, 2004 CanLII 25419 (ON C.A.)

 

m

18.5

Default on 8 K per month support, 25 K arrears, 18.5 K costs, 12 K costs of appeal

Stong

M

Ce

M

M

Brown v. Brown, 2004 CanLII 44987 (ON S.C.)

m

12.8

Motion for support, 12.8 K costs

Hambly

M

Cs

sr

M

Buck v. Buck, 2003 CanLII 2072 (ON S.C.)

m

8.5

Unnecesary motion, 8.5 K costs, wife gets proceeds from sale of home as advance on equalization

 

Gordon D

M

Cs

sr

L

Bukvic v. Bukvic, 2007 CanLII 26600 (ON S.C.)

t

12.5

12.5 K for motion for constructive trust and retroactive support from bankrupt husband

 

Corbett

M

Cw

M

M

Bullock v. Bullock, 2004 CanLII 16949 (ON S.C.)

m

1.5

1.5 K costs for motion

 

Croll

F

T

sr

 

Bush v. Mereshensky, 2007 ONCA 679 (CanLII)

m

1.0

1 K costs of motion

Jarvis

M

T

sr

 

Bush v. Mereshensky, 2007 ONCA 679 (CanLII)

m

5.0

5 K costs, june 2006

Smith R

M

E

M

M

Butler v. Poelstra, 2006 CanLII 41661 (ON S.C.)

t

5.7

Divorce action, wife asks 16.3 K and gets 5.7 K costs

Scime

M

Cs

M

F

Butsky-Plekan v. Plekan, 2005 CanLII 25103 (ON S.C.)

t

75.0

Divorce, wife asks 117 K and gets 75 K, husband asks 306 K

 

Perkins

M

Ce

sr

F

Cabral v. Cabral, 2005 CanLII 21872 (ON S.C.)

v

21.3

Custody and access variation, supervised access, security, 21.3 K costs

Mackinnon J

F

E

M

M

Campeau v. Campeau, 2005 CanLII 27600 (ON S.C.)

t

17.0

Uncontested trial judgement against wife set aside, 17 K costs against husband and his lawyer

Power

M

E

M

M

Campeau v. Campeau, 2006 CanLII 19430 (ON S.C.)

i

15.0

15 K for motion to have mans lawyer removed

Hambly

M

Cs

M

M

Cauchy-Eckardt v. Eckardt, 2004 CanLII 6225 (ON S.C.)

m

7.4

Support motion, wife asks 8 K and gets 7.4 K

 

Snowie

F

Cw

sr

sr

Cavic v. Carroccia, 2006 CanLII 28554 (ON S.C.)

i

1.7

$1650 for interim motion

 

Timms

M

Ce

sr

F

Chamanlall v. Chamanlall, 2006 CanLII 1668 (ON S.C.)

i

2.5

2.5 K for interim motion

 

Matheson

M

Cs

M

M

Chapin v. Chapin, 2003 CanLII 2080 (ON S.C.)

v

0.8

Support variation, $ 750 costs

 

O’Neill

M

Ne

M

M

Charlton v. Ferguson, 2004 CanLII 10401 (ON S.C.)

m

3.5

3.5 K costs

 

Wein

F

Cw

M

M

Chaudhry v. Chaudhry, 2003 CanLII 2005 (ON S.C.)

i

9.2

Interim motion, wife asks 46 K gets 9.2 K

 

Henderson

M

Cs

M

M

Cianflone v. Cianflone, 2006 CanLII 37127 (ON S.C.)

t

14.3

Divorce action no kids 14.3 K costs

 

Flynn

M

Cs

M

F

Claer v. Claer, 2006 CanLII 32612 (ON S.C.)

m

5.0

Motion, wife asks 8.5 K gets 5 K

 

Fragomeni

M

Cw

M

F

Collin v. Collin, 2005 CanLII 48919 (ON S.C.)

v

1.5

Support variation, divided success, wife gets 1.5 K costs

 

Clark

M

T

M

F

Copp v. Copp, 2004 CanLII 34077 (ON S.C.)

t

15.0

Divorce action, 15 K costs

Lack

F

Ce

M

M

Coscarella v. Coscarella, 2000 CanLII 20376 (ON S.C.)

i

1.4

Interim motion, wife asks 2.6 K and gets 1.4 K, no costs for either side in divorce action

Harris

M

Cs

M

M

Costa v. Costa, 2002 CanLII 2708 (ON S.C.)

t

34.3

Divorce action, 5 day trial, wife asks 41.7 K and gets 34.3 K

 

Perkins

M

Ce

M

M

Costabile v. Costabile, 2004 CanLII 42934 (ON S.C.)

i

16.0

Wife gets husbands answer struck, 16 K costs and 5 K costs of appeal

Rogers

F

Ce

M

M

Costabile v. Costabile, 2004 CanLII 42935 (ON S.C.)

i

0.7

0.7 K for interim motion

Perkins

M

Ce

M

M

Costabile v. Costabile, 2005 CanLII 44377 (ON C.A.)

 

i

5.0

  2.5 K held for security to be given to wife, pleadings struck, appeal dismissed 5 K costs

Gordon D

M

Cs

F

M

Craig v. Craig, 2004 CanLII 5039 (ON S.C.)

v

6.4

Husbands motion to terminate support, 6.4 K costs

 

Rutherford

M

E

 

 

Craig v. Craig, 2005 CanLII 50263 (ON S.C.)

m

1.5

Contempt motion against man dismissed 1.5 K for motion

Sheffield

M

E

M

F

Craig v. Craig, 2005 CanLII 50263 (ON S.C.)

i

1.5

1.5 K for interim motion

Eberhard

F

Ce

 

 

Critch v. Critch, 2005 CanLII 16630 (ON S.C.)

m

4.0

Motion, 4 K costs

Rutherford

M

E

sr

M

Cunningham v. Lefebvre, 2006 CanLII 5602 (ON S.C.)

i

3.0

Interim motion 3 K costs

Sheffield

M

E

sr

M

Cunningham v. Lefebvre, 2006 CanLII 5602 (ON S.C.)

i

2.0

Interim motion, 2 K costs

Toscano Romano

F

E

sr

M

Cunningham v. Lefebvre, 2006 CanLII 5602 (ON S.C.)

i

1.5

Interim motion, 1.5 K costs

Flynn

M

Cs

sr

F

Cupolo v. Anzovino, 2003 CanLII 2091 (ON S.C.)

t

1.0

1K for ex parte divorce, requested 11 K

 

Benotto

F

T

M

M

Cutaia-Mahler v. Mahler, 2001 CanLII 28138 (ON S.C.)

v

15.0

15 K for motion to vary support

Manton

M

E

M

M

D.Q. v. R.A., 2006 CanLII 42375 (ON S.C.)

i

4.1

4.1 K for earlier motion, unemployed man imputed to 40 K

Campbell

M

Sw

F

F

Dababneh v. Dababneh, 2004 CanLII 5858 (ON S.C.)

t

85.0

Divorce action,  wife gets 85 K

 

De Sousa

F

E

M

F

Dahdouh v. Dahdouh, 2003 CanLII 1920 (ON S.C.)

i

3.5

Interim motion for possession of home and leave to appeal, 3.5 K costs

Mackinnon J

F

E

M

F

Dahdouh v. Dahdouh, 2003 CanLII 2041 (ON S.C.)

i

2.0

Interim motions, 2 K costs

Marshman

F

Sw

F

F

Dale v. Dale, 2003 CanLII 2006 (ON S.C.)

i

1.8

Wife gets 1.8 K in costs from interim motion

 

Pazaratz

M

Cs

sr

F

Damian v. Damian, 2007 CanLII 18021 (ON S.C.)

t

10.6

Divorce action, wife asks 15.2 K and gets 10.6 K

 

Olah

F

Ce

M

M

David v. David, 2005 CanLII 10541 (ON S.C.)

t

42.0

Divorce trial, wife gets 42 K

Karakatsanis

F

T

M

M

David v. McCain, 2006 CanLII 9302 (ON S.C.)

i

15.0

Interim motion for custody access, wife asks 20 K  and gets 15 K, husband asks 40  K and gets increased access

Perkins

M

Ce

M

M

Davis v. Davis, 2004 CanLII 19156 (ON S.C.)

t

16.2

Dividided success in application, husband pays 15K and 1.2 K for costs ruling

Roy

M

E

sr

M

Davis v. Davis, 2004 CanLII 32470 (ON S.C.)

t

50.7

Divorce action, wife asks 61 K gets 50.7 K

Metivier

F

E

ex

M

Davis v. Morris, 2006 CanLII 8196 (ON C.A.)

i

0.8

8 K costs of striking motion, varied to $ 750 on appeal, 6 K costs of appeal against wife.

Benotto

F

T

M

F

Davis v. Nusca, 2003 CanLII 2301 (ON S.C.D.C.)

i

2.0

2 K costs for motion, leave to appeal denied, mother move to Sweden with children in interim

Herman

F

T

M

F

D'Costa v. D'Costa, 2005 CanLII 56207 (ON S.C.)

v

13.5

Support  variation, wife asks for 19.3 K and gets 13.5 K

Backhouse

F

T

M

M

Debora v. Debora, 2005 CanLII 7671 (ON S.C.)

t

2250.0

Wife asks for 2.6 million and gets 2.25 million for divorce

Smith GP

M

Nw

F

M

DeCicco v. DeCicco, 2003 CanLII 2094 (ON S.C.)

t

20.0

Divorce action 20 K costs

 

Marshman

F

Sw

M

M

Deelstra v. Van Osch, 2003 CanLII 2007 (ON S.C.)

t

30.6

Divorce action, 4 day trial, wife gets custody 30.6 K

 

Glithero

M

Cs

M

M

Defoe v. Defoe, 2004 CanLII 5040 (ON S.C.)

t

1.2

Divorce action, all but support settled on consent, wife gets 1.2 K

 

Flynn

M

Cs

sr

F

Del Net v. Benger, 2003 CanLII 2096 (ON S.C.)

m

6.8

Mother allowed to move with child, 6.8 K costs

 

Aston

M

T

M

M

Delellis v. Delellis and Delellis, 2005 CanLII 36447 (ON S.C.)

t

45.0

Family claim including constructive trust, wife and child win 50 K and 10 K cost, claim 45 K costs

Olah

F

Ce

M

F

Denby v. Denby, 2003 CanLII 2097 (ON S.C.)

t

28.7

Divorve action, 4 day trial,  28.7 K costs

Campbell

M

Sw

sr

F

DePace v. Michienzi, 2000 CanLII 22460 (ON S.C.)

i

19.3

Mans pleadings struck 19.3 K costs

 

Eberhard

F

Ce

sr

F

Di Manno v. Di Manno, 2002 CanLII 2673 (ON S.C.)

t

40.0

Divorce action, wife asks 58 K gets 40 K, man had a lawyer at trial

Cusinato

M

Sw

M

F

Dias v. Dias, 2005 CanLII 41541 (ON S.C.)

i

2.3

Interim motion on sale of property, 2.3 K costs

 

Stewart

F

T

F

M

Dickie v. Dickie, 2006 CanLII 10735 (ON C.A.)

m

16.5

Contempt motion, 16.5 K

Marshman

F

Sw

M

M

Dietrich v. Franklin, 2003 CanLII 41467 (ON S.C.)

t

41.0

Divorce action and appeal, 41 K costs

 

Aitken

F

E

sr

M

Doherty v. Wilcox, 2007 CanLII 5527 (ON S.C.)

v

4.0

Support variation, divided success, wife asks 8.3  K and gets 4 K

Wildman

F

Ce

sr

L

Domb v. Domb, 2002 CanLII 2661 (ON S.C.)

i

15.0

15 K costs, summary judgment, pleadings struck, 1 million insurance policy

Perkins

M

Ce

sr

F

Domb v. Domb, 2002 CanLII 45568 (ON S.C.)

i

12.0

Husbands pleadings struck, 12 K costs for motion

Cusson

M

E

sr

M

Donaldson v. Dénommée, 2004 CanLII 53115 (ON S.C.)

t

8.0

$ 625 child support and $ 800 spousal support, man makes 78 K per year, 8 K costs

Ferguson

F

Ce

F

M

Dorion v. Merkley, 2006 CanLII 38357 (ON S.C.)

i

5.2

Husband loses interim motion 5.2 K costs

Whitten

M

Cs

M

M

Drygala v. Pauli, 2003 CanLII 48241 (ON C.A.)

 

t

26.0

15 K costs of trial and 9.5 K costs of appeal, and 1.5 K costs of stay motion, all to be enforced by FRO, 6 K security for appeal

 

Power

M

E

sr

M

Dunklin v. Dunklin, 2006 CanLII 15761 (ON S.C.)

m

8.5

Wife claims 16.5 K and gets 8.5 K for motion

Power

M

E

sr

M

Dunklin v. Dunklin, 2006 CanLII 5877 (ON S.C.)

i

0.8

Interim motion $ 750 costs

Stong

M

Ce

sr

F

Dunn v. Menear, 2003 CanLII 20236 (ON S.C.)

v

4.3

Support variation, 4.3 K costs

Flynn

M

Cs

sr

L

Duquette v. Gregorio, 2006 CanLII 32615 (ON S.C.)

m

2.4

2.4 K costs  for access motion

 

Timms

M

Ce

sr

M

Dvernichuk v. Larouche, 2003 CanLII 2107 (ON S.C.)

m

4.5

Motion for access and  custody, 4.5 K costs

 

Loukidelis

M

Ne

M

M

Dwyer v. Dwyer, 2005 CanLII 5852 (ON S.C.)

m

9.3

9.3 K costs

 

Steinberg

M

Cs

sr

sr

Edgar v. Sikora, 2004 CanLII 13394 (ON S.C.)

i

1.5

1.5 K costs of interim motion

 

Fragomeni

M

Cw

M

M

Elder v. Elder, 2006 CanLII 3276 (ON S.C.)

v

3.5

Motion to vary support, husband asks 10.3 K and wife gets 3.5 K

 

Perkins

M

Ce

M

M

Elieff v. Elieff, 2007 CanLII 15787 (ON S.C.)

i

15.5

Interims motions, wife claims 20 K gets 15.5 K

Macdonald

F

T

M

F

Emamghorashi v. Nateghi, 2003 CanLII 2306 (ON S.C.)

m

1.5

Husband gets default of over 13 K in costs penalties set aside but gets cost penalty of 1.5 K

McWatt

F

T

M

F

Emamghorashi v. Nateghi, 2003 CanLII 2306 (ON S.C.)

i

1.5

1.5 K costs for interim motion

Rivard

M

Ne

M

M

Emamghorashi v. Nateghi, 2003 CanLII 2306 (ON S.C.)

i

0.8

0.8 K costs of interim motion, ex parte default with 12.5 K cost penalty and 4 K security for costs eventually set aside

 

Glithero

M

Cs

M

F

Erb v. Erb, 2003 CanLII 2308 (ON S.C.)

t

18.9

Divorce action, wife asks 23.8 K gets 18.9 K

 

Eberhard

F

Ce

sr

M

Ernyes v. Rachlin, 2004 CanLII 47867 (ON S.C.)

m

4.5

Contempt motion, 4.5 K costs

Mackinnon J

F

E

F

M

F. v. V., 2002 CanLII 2767 (ON S.C.)

t

95.0

Divorce action,  wife asks for 158 K   and gets 95 K costs

Steinberg

M

Cs

sr

M

F.(J.) v. C.(V.) (No. 7), 2002 CanLII 46717 (ON S.C.)

t

90.0

Divorce action with 73 day trial, wife asks 290 K and gets 90 K

 

Gordon D

M

Cs

M

F

F.J.N. v. J.L.N., 2004 CanLII 34783 (ON S.C.)

t

15.0

Divorce action including mobility, wife asks 20.2 K gets 15 K

 

Henderson

M

Cs

sr

M

Facchin v. Taylor, 2004 CanLII 33118 (ON S.C.)

m

2.0

Appeal of support variance, 2 K costs

 

Mackenzie

M

Cw

M

M

Fancett v. Deprato, 2006 CanLII 2402 (ON S.C.)

t

34.0

Wife asks for 68 K and gets 34 K for divorce action

 

Wein

F

Cw

L

L

Federici v. Therrien, 2004 CanLII 5037 (ON S.C.)

t

7.2

Mans claim for a constructive trust dismissed 7.2 K costs

 

Belobaba

M

T

M

F

Feher v. Healey, 2006 CanLII 33312 (ON S.C.)

m

14.0

Husband sues wife over transfer of home and loses, wife asks for 26 K and gets 14 K

Polowin

F

E

sr

M

Fequet v. Petelka Fequet, 2003 CanLII 2200 (ON S.C.)

t

9.7

Divorce action, husband asks for 21 K and  wife gets 9.7 K

Campbell

M

Sw

sr

M

Ficca v. Ficca, 2004 CanLII 6226 (ON S.C.)

v

1.9

Motion to change access, 1.9 K costs

 

Kruzick

M

Cw

M

F

Finch v. Finch, 2003 CanLII 9776 (ON S.C.)

v

6.0

Support variation, wife asks for 23 K and gets 6 K

 

Panet

M

E

sr

M

Fisher v. Green, 2003 CanLII 2120 (ON S.C.)

m

6.5

Wifes motion for retroactive support, wife claims 44 K gets 6.5 K

Hambly

M

Cs

M

M

Fleming v. Fleming, 2005 CanLII 19832 (ON S.C.)

v

0.8

Motion to vary access to unsupervised dismissed, 0.8 K costs

 

Belch

M

E

M

F

Fleming v. Lamb, 2004 CanLII 5001 (ON S.C.)

m

3.5

Wife asks 11 K and gets 3.5 K for support / income determination motion

Lafreniere

F

Cs

F

M

Fletcher v. McDonnell, 2005 CanLII 23108 (ON S.C.)

i

2.0

2 K costs of interim motion reserverved for trial judge

 

Fragomeni

M

Cw

M

M

Flewelling v. Flewelling, 2007 CanLII 16442 (ON S.C.)

i

2.5

Interim motion, 2.5 K costs

 

Matheson

M

Cs

M

M

Flewelling v. Flewelling, 2007 CanLII 16442 (ON S.C.)

m

6.0

Motion unsuccessfully appealed 6 K costs

 

Paisley

M

T

M

F

Flikerski v. Flikerski, 2001 CanLII 28126 (ON S.C.)

m

1.5

$1500 costs of motion

Smith R

M

E

F

M

Fournier v. Burton, 2006 CanLII 42370 (ON S.C.)

v

4.0

Husband loses motion to have support terminated, 4 K costs

Karakatsanis

F

T

M

F

Fox v. Fox, 2006 CanLII 21065 (ON S.C.)

t

85.8

Divorce action with a 10 day trial, wife asks 200 K gets 85.8 K

Hambly

M

Cs

M

M

Fulmer v. Kaleo-Fulmer, 2002 CanLII 2719 (ON S.C.)

v

2.6

2.6 K costs for custody variation motion, changed to sole custody to wife

 

Wright

M

Nw

M

F

G.P.M. v. S.J.F., 2005 CanLII 19840 (ON S.C.)

 

t

36.4

Divorce action 36.4 Kcosts

 

Lofchik

M

Cs

M

F

Galambos v. Towers, 2006 CanLII 29661 (ON S.C.)

t

44.7

Divorce action no children, wife asks for 60.4 K and gets 44.7 K

 

Sachs

F

T

M

F

Gardiman v. Brown, 2006 CanLII 40789 (ON S.C.)

m

4.0

Motion for access and crossmotion for support, 4 K costs

Stach

M

Nw

M

F

Gardiman v. Brown, 2006 CanLII 40789 (ON S.C.)

i

6.0

6 K total costs of multiple issues and motions

 

Hambly

M

Cs

M

M

Gentle v. Gentle, 2007 CanLII 26606 (ON S.C.)

v

3.8

Motion to vary support. 3.8 K costs

 

Young

F

T

M

M

Giacco v. Papadopoulos, 2006 CanLII 40790 (ON S.C.)

m

20.0

Combined $ 6021 per month child support and  spousal support, husband claims 72 K income and is imputed to 100 K, wife get interim disbursement of 25 K, 20 K costs

Marshman

F

Sw

M

M

Giguere v. Giguere, 2004 CanLII 5004 (ON S.C.)

t

12.1

Trial of support, 12.1 K costs

 

Kruzick

M

Cw

M

F

Gill v. Gill, 2006 CanLII 8467 (ON S.C.)

i

0.8

0.75 K for interim motion

 

Seppi

F

Cw

L

L

Gill v. Gill, 2006 CanLII 8467 (ON S.C.)

i

2.5

2.5 K costs for interim motion

 

Tucker

F

Cs

sr

M

Gill v. Knack, 2007 CanLII 1332 (ON S.C.)

t

3.5

Only remaining issue was Christmas access, 3.5 K costs

 

Greer

F

T

F

sr

Gingo v. Ginglo, 2004 CanLII 1546 (ON S.C.)

m

17.8

17.8 K arrears on costs and 12.8 K interest on arrears on costs, interest on costs rescinded,

Mesbur

F

T

F

L

Gingo v. Ginglo, 2004 CanLII 1546 (ON S.C.)

i

1.0

$ 1000 to wife and mans motion to vary may proceed

Mackinnon J

F

E

M

M

Gomez v. Bartusch, 2003 CanLII 37828 (ON S.C.)

i

3.5

Summary judgment denied, 3.5 K costs of motion

Beaulieu

F

T

M

M

Gonawati v. Teitsson, 2000 CanLII 22541 (ON S.C.)

t

42.0

Wife gets unstated prejudgment interest, 42 K costs

Power

M

E

M

M

Graff v. Graff, 2002 CanLII 2788 (ON S.C.)

i

3.8

Interim motion, 3.8 K costs

Millanetti

F

Cs

M

F

Graham v. Graham, 2005 CanLII 23682 (ON S.C.)

t

40.0

Wife gets 40 K costs

 

Whitten

M

Cs

M

M

Grant v. Stemmler, 2006 CanLII 9972 (ON S.C.)

i

4.0

Interim motion 4 K costs

 

Shaw

M

Nw

sr

F

Gray v. Gray, 2006 CanLII 28736 (ON S.C.)

t

5.5

5.5 K costs for uncontested divorce action

 

Thorburn

F

T

sr

 

Grimalyuk v. Concelos, 2007 CanLII 1325 (ON S.C.)

m

4.0

4 K total costs

Mackinnon j

F

E

M

M

Guy v. Tulloch, 2004 CanLII 15397 (ON S.C.)

t

25.0

Divorce action, wife asks 35 K and gets 25 K costs

Gordon D

M

Cs

sr

M

H.1 v. H.2, 2004 CanLII 43947 (ON S.C.)

t

5.9

1 day simple trial, 5.9 K costs

 

Macdonald

F

T

M

M

H.1 v. H.2, 2004 CanLII 43947 (ON S.C.)

t

70.0

Divorce action, 70 K cost

Turnbull

M

Cs

M

M

Hachey v. Hachey, 2007 CanLII 52987 (ON S.C.)

i

3.0

Man claims 70 K income and is imputed to 90 K, wife claims 14 K per year and is imputed to 35 K, 1 K per month spousal support 0.7 K child support, 3 K costs of interim motion

 

Blishen

F

E

F

M

Hackett v. Leung, 2005 CanLII 42254 (ON S.C.)

m

4.0

Motion, wife claims 8.4 K and gets 4 K

Baltman

F

Cw

sr

M

Hakim-Kyei v. Kyei, 2005 CanLII 34581 (ON S.C.)

m

5.5

5.5 K costs of motion

 

Aitken

F

E

sr

F

Hamilton v. Hamilton, 2005 CanLII 47744 (ON S.C.)

t

5.0

5 K cost award for divorce trial, 5 K for 2 interim cost awards also

Roy

M

E

sr

F

Hamilton v. Hamilton, 2005 CanLII 47744 (ON S.C.)

i

2.5

2.5 K costs for motions

Glithero

M

Cs

L

L

Harnum v. Harnum, 2005 CanLII 3231 (ON S.C.)

t

12.5

12.6 K costs for 2 day trial

 

Keenan

M

T

sr

sr

Harrison v. Harrison, 2004 CanLII 6216 (ON S.C.)

m

1.1

6.2 K arrears and 1.1 K costs, ordered imprisoned if he doesn’t pay

O’Neill

M

Ne

M

F

Hart v. Hart, 2003 CanLII 2130 (ON S.C.)

t

3.5

Trial of support, wife claims 43 K gets 3.5 K, husband also claims over 40 K

 

Matheson

M

Cs

M

M

Hines v. Hines, 2007 CanLII 2208 (ON S.C.)

m

3.1

Support action,  3.1 K  costs

 

De Sousa

F

E

sr

F

Hinke v. Lake, 2007 CanLII 8635 (ON S.C.)

v

10.0

Man achieves substancial success on motion to vary but wife gven 10 K costs

Sproat

M

Cw

F

F

Hobbs v. Hobbs, 2007 CanLII 26282 (ON S.C.)

m

8.0

Success on motions divided, wife asks 53.5 K and gets 8 K

 

Glithero

M

Cs

sr

M

Hoddinott v. Hoddinott, 2002 CanLII 2791 (ON S.C.)

t

13.6

Wife gets interim exclusive possession, man declares bankruptcy, 13.6 K costs for trial

 

Desotti

M

Sw

M

M

Holmes v. Holmes, 2005 CanLII 5488 (ON S.C.)

t

12.0

Divorce action with 3 day trial, wife gets 12 K, husband asks 45 K

 

Speigel

F

T

sr

F

Hosannah v. Hosannah, 2004 CanLII 9498 (ON S.C.)

m

7.0

Appeal, wife asks for 13.8 K and gets 7 K costs for motion

Langdon

M

Cw

L

L

Hutchinson v. Hutchinson, 2002 CanLII 2792 (ON S.C.)

i

6.0

Motion to change jurisdiction, 6 K costs

 

Rogers

F

Ce

F

F

Ierullo v. Ierullo, 2006 CanLII 33301 (ON C.A.)

v

4.0

4 K costs of motion to vary and 5 K costs of appeal

Mackinnon J

F

E

sr

M

Irace v. Irace, 2004 CanLII 5020 (ON S.C.)

m

3.5

Contempt motion, 3.5 K costs

Mackenzie

M

Cw

F

M

Irwin v. Irwin, 2006 CanLII 5451 (ON S.C.)

t

31.5

Divorce action, wife claims 47 K and gets 31.5 K, husband claims 42 K

 

Snowie

F

Cw

M

M

Islam v. Rahman, 2006 CanLII 22137 (ON S.C.)

t

183.0

183 K costs of divorce action, 36 K of costs enforceable by FRO

 

Van Melle

F

Cw

M

F

Islam v. Rahman, 2006 CanLII 22137 (ON S.C.)

t

183.8

Divorce action, 183.8  K

 

Lalonde

M

E

sr

sr

J.B.G. v. L.B., 2004 CanLII 53230 (ON S.C.)

t

20.0

Restraining order wife gets custody, answer struck, 20 K cost penalty, previous 12K cost penalty

Bellegham

M

Cw

M

F

J.D.K v. K.W.B.K, 2005 CanLII 38100 (ON S.C.)

t

48.0

Divorce action, wife asks 73 K gets 48 K

 

Quinn JW

M

Cs

sr

M

J.L.C. v. S.B.L., 2006 CanLII 13759 (ON S.C.)

t

46.0

Man accused of being abusive and threatening lawyer and assessor, court orders termination of access and restrictions on motions, 46 K costs

 

Trousdale

F

E

sr

M

J.M.M. v. G.S.M., 2006 CanLII 6457 (ON S.C.)

t

40.0

Husbands pleadings struck, uncontested trial, imputed income, retroactive support, 40 K costs

Ferguson

F

Ce

M

M

Jackson v. Jackson, 2005 CanLII 6371 (ON S.C.)

i

6.0

6 K costs for interim motions to vary support

Magda

M

Ce

M

M

Jackson v. Jackson, 2005 CanLII 6371 (ON S.C.)

i

3.0

3 K costs of interim motion, pleadings struck, 50 K arrears

Brown

M

T

L

L

Javaid v. Valmas, 2006 CanLII 37882 (ON S.C.)

m

5.5

5.5 K costs for contempt motion

Van Melle

F

Cw

M

M

Jhuman v. Moakhan, 2005 CanLII 36266 (ON S.C.)

m

10.0

Contempt for failure to pay support and violation of harassment order 10 K cost penalty, motion for variation dismissed, 15 K security deposit

 

Flynn

M

Cs

M

M

Johannesson v. Johannesson, 2003 CanLII 2141 (ON S.C.)

m

2.1

Contempt access motion by husband, 2.1 K costs

 

Spence

M

T

sr

M

Johnson v. Schwalm, 2006 CanLII 13771 (ON S.C.)

m

15.8

Contempt motion, 15.8 K costs, ordered imprisoned if he doesn’t pay

Power

M

E

M

F

Jonas v. Da Silva, 2003 CanLII 38129 (ON S.C.)

m

4.0

Garnishment hearing, 4 K costs

Aitken

F

E

sr

F

Jonas v. Jonas, 2003 CanLII 1967 (ON S.C.)

t

22.5

Divorce action 2 day trial, husbands pleadings struck, 22.5 K costs

Van Melle

F

Cw

sr

sr

Jordan v. Martins, 2004 CanLII 19145 (ON S.C.)

i

0.4

0.2 K costs interim motion plus accrued interest of 0.2 K

 

Czurtin

M

T

M

F

Jordan v. Stewart, 2007 CanLII 11716 (ON S.C.)

v

7.0

Motion to vary support,  wife asks 13.5 K and gets 7 K

Brown

M

T

L

L

Kaplun v. Kaplun, 2007 CanLII 38396 (ON S.C.)

m

7.5

7.5 K for motion

Cusinato

M

Sw

M

F

Kauric v. Kauric, 2006 CanLII 31729 (ON S.C.)

v

12.4

Support variation, 12.4 K costs, 41 K US arrears

 

Festeryga

M

Cs

M

M

Keen v. Keen, 2007 CanLII 6919 (ON S.C.)

i

3.5

3.5 K interim motion

 

Henderson

M

Cs

M

M

Keen v. Keen, 2007 CanLII 6919 (ON S.C.)

t

9.4

Divorce action settled on consent except support, 9.4 costs

 

Gordon D

M

Cs

L

L

Kelly v. Kelly, 2002 CanLII 2700 (ON S.C.)

i

3.2

Interim motion, wife asks 4.6 K and gets 3.2 K

 

Scott

F

Ce

ex

sr

Kennedy v. Sinclair, 2003 CanLII 57393 (ON C.A.)

t

45.0

Mans answer struck, uncontested trial, income imputed to 60 K, 137 K lump sum support, 45 K costs, appeal dismissed

Pierce

F

Nw

M

F

Kimpton v. Kimpton, 2003 CanLII 2147 (ON S.C.)

t

39.5

Divorce action, wife claims 61 K gets 39.5

 

Strong

M

Ce

M

M

King v. Sutherland, 2005 CanLII 6377 (ON S.C.)

m

4.7

Motion for support, 4.7 K costs

 

Glass

M

Ce

M

F

Kirby v. Chappell, 2003 CanLII 1990 (ON S.C.)

t

9.0

Divorce action with trial, 9 K costs

Turnbull

M

Cs

M

F

Kloosterman v. Kloosterman, 2006 CanLII 35629 (ON S.C.)

t

2.8

Wife asks 45 K and gets 2.8 K in divorce action

 

Ferrier

M

T

M

M

Kondovski v. Kondovski, 2006 CanLII 24455 (ON S.C.)

v

1.5

Mans motion to vary support and rescind arrears dismissed on summary judgment, costs $ 1500

Pierce

F

Nw

sr

M

Korczynski v. Korczynski, 2007 CanLII 16631 (ON S.C.)

t

9.0

Divorce action, wife claims 32.3 K and gets 9 K, man gets supervised access

 

Clark

M

T

sr

L

Kordic v. Bernachi, 2006 CanLII 38875 (ON S.C.)

i

5.0

15 K security to make motion, 5 K costs, 18 K costs still owing

Backhouse

F

T

sr

M

Kordic v. Bernachi, 2007 CanLII 34844 (ON S.C.)

m

15.0

15 K costs for motion to change support

Low

F

T

sr

L

Kordic v. Bernachi, 2007 CanLII 34844 (ON S.C.)

m

5.0

5 K costs for motion

Eberhard

F

Ce

sr(ex)

F

Koster v. Koster, 2002 CanLII 2693 (ON S.C.)

 

t

6.0

 Ex parte trial, vesting order on home  separation agreement overturned, support ordered though man denies being a parent, 6 K costs

Quinn

M

Sw

sr

M

Kuzmanovic v. Kuzmanovic, 2001 CanLII 28195 (ON S.C.)

t

46.8

46.8 K costs of divorce action

 

Flynn

M

Cs

M

F

Lagos v. Lagos, 2006 CanLII 43492 (ON S.C.)

m

6.9

Motion, 6.9 K costs

 

Toscano Roccano

F

E

M

M

Lakhani v. Lakhani, 2003 CanLII 2160 (ON S.C.)

m

9.0

9 K to wife for motion

Boyko

F

Ce

M

M

Lascala v. Lascala, 2004 CanLII 5013 (ON S.C.)

t

24.4

Divorce action, husbands pleadings struck, uncontested trial wife asks 100K gets 24.4 K

Dandie

M

Sw

F

M

Lawson v. Lawson, 2004 CanLII 4774 (ON S.C.)

m

15.0

105 K costs overturned on appeal and left for new trial judge, 15 K costs of appeal against man

 

Desotti

M

Sw

F

M

Leblanc v. Longpre, 2006 CanLII 33319 (ON S.C.)

i

3.0

3 K costs interim motion

 

Gordon D

M

Cs

M

M

Lee-Chin v. Lee-Chin, 2005 CanLII 47758 (ON S.C.)

i

13.4

Several interim motions consolidated into one hearing, wife asks 29.9 K gets 13.4 K, husband asks 37.1 K

 

Sproat

M

Cw

M

F

Lemmon v. Lemmon, 2004 CanLII 24123 (ON S.C.)

t

3.3

Divorce action, wife gets 3.3 K

 

Mackinnon J

F

E

F

M

Likins v. MacKenzie, 2004 CanLII 15767 (ON S.C.)

t

10.0

Divorce action. Arbitrators cost award of 110 K reduced to 67 K, 10 K costs

Sills

M

Cs

sr

M

Loebsack v. Loebsack, 2004 CanLII 16872 (ON S.C.)

t

5.0

Divorce action, wife gets 5 K costs

 

Quinn JW

M

Cs

F

F

Logan v. Logan, 2004 CanLII 195 (ON S.C.)

i

0.5

Interim motion for evidence, wife asks 1.5 K gets 0.5 K costs

 

Henderson

M

Cs

sr

M

Longpre v. Skursky, 2005 CanLII 31301 (ON S.C.)

v

0.3

Motion to vary support dismissed, $ 250 costs unless higher bill approved

 

Pierce

F

Nw

M

F

Lord v. Haner-Lord, 2003 CanLII 2174 (ON S.C.)

 

i

3.0

Interim motion for access, husband more successful but wife in weaker financial situation wife asks for 4.6 K and gets 3 K, husband asks for 5.6 K

 

Fragomeni

M

Cw

M

F

Lowe v. Lowe, 2006 CanLII 3280 (ON S.C.)

m

6.0

Motion, 6 K costs

 

Milanetti

F

Cs

M

F

Lowry v. Kushnir, 2007 CanLII 18146 (ON S.C.)

i

3.0

Motion, wife asks 75 K in costs and gets 25 K, and wife gets 3 K in cost for case conference

 

Snowie

F

Cw

M

F

Lowry v. Kushnir, 2007 CanLII 18146 (ON S.C.)

t

997.7

Divorce action, 997.7 K costs, appealed to the Court of Appeal, 20 K more costs

 

Brown

M

T

L

L

Lyons v. Tuffner, 2007 CanLII 30665 (ON S.C.)

i

1.5

Interim motion, 1.5 K costs

Pierce

F

Nw

sr

F

M.C.J. v. J.J.J., 2006 CanLII 23936 (ON S.C.)

t

31.4

Divorce action, 31.4 K costs

 

De Sousa

F

E

M

F

M.I. v. J.R., 2005 CanLII 7663 (ON S.C.)

t

15.0

Divorce action, wife allowed to move to Japan, 15 K costs

Henderson

M

Cs

F

F

MacGregor v. Stone, 2004 CanLII 42944 (ON S.C.)

t

50.0

Divorce trial, 50 K costs, 7.5 K costs of appeal

 

Marshman

F

Sw

M

M

MacKinnon v. MacKinnon, 2004 CanLII 8945 (ON S.C.)

t

49.0

Wife gets 49 K in 6 day trial, 12 K more costs of appeal in 2005, 36 K retroactive support, 10.7 K total monthly support

 

Jarvis

M

T

sr

F

MacLeod v. MacLeod, 2003 CanLII 2328 (ON S.C.)

i

1.0

1 K for interim motion, man goes bankrupt, retroactive arrears, man doesn’t appear at hearing

Backhouse

F

T

sr

M

Malerba v. Malerba, 2004 CanLII 34791 (ON S.C.)

m

10.0

10 K costs

Greer

F

T

sr

M

Malerba v. Malerba, 2004 CanLII 34791 (ON S.C.)

t

20.0

20 K costs for divorce action

Marshall

M

Cs

M

F

Mancuso v. Mancuso, 2004 CanLII 43770 (ON C.A.)

t

42.0

Mans divorce trial costs lowered to 32 K on appeal, 10 K costs for appeal

 

Howden

M

Ce

M

M

Manning v. Manning, 2004 CanLII 33295 (ON S.C.)

v

15.0

Support variation, 15.K

Baltman

F

Cw

M

F

Mantella v. Mantella, 2005 CanLII 26320 (ON S.C.)

v

10.9

Motion to set aside separation  agreement, wife asks 31.5 K and gets 10.9 K

 

Corbett

M

Cw

M

M

Mantella v. Mantella, 2006 CanLII 17337 (ON S.C.)

t

38.0

Man sues wife and her divorce lawyer, 14 K plus 1 K for cost submission to wife, 22 K plus 1 K cost submission to lawyer

Cusinato

M

Sw

sr

M

Marar v. Marar, 2004 CanLII 15749 (ON S.C.)

t

15.0

Mans pleadings struck, house vested to wife as security, 15 K costs

 

Ditomaso

M

Ce

F

F

Margie v. Akogyeram, 2006 CanLII 16369 (ON S.C.)

m

10.2

Default for not abiding by court order to sell home, pleadings struck, 10.2 K costs

Panet

M

E

sr

M

Marie Cunningham v. Charles LeFebvre, 2004 CanLII 54630 (ON S.C.)

i

7.5

Interim motion, 7.5 K costs

Paisley

M

T

M

F

Marinangeli v. Marinangeli, 2003 CanLII 27673 (ON C.A.)

t

35.0

Appeal of support dismissed with 40 K reduction, 35 K costs of appeal added to trial

Rutherford

M

E

M

M

Marks v. Tokarewicz, 2002 CanLII 2799 (ON S.C.)

i

7.5

Interim motion on support application wife didn’t pay costs of precious order, 7.5 K costs

Fragomeni

M

Cw

M

F

Marok v. Marok, 2003 CanLII 9094 (ON S.C.)

i

1.7

Interim motion 1.7 K costs

 

Aston

M

T

M

M

Marshall v. Marshall, 2002 CanLII 2724 (ON S.C.)

v

12.0

Support claim, husband spends 20 K, and is given 12 K cost penalty

Perkins

M

Ce

F

sr

Martin (Shore) v. Shore, 2004 CanLII 5060 (ON S.C.)

i

7.0

15 K security, 7 K costs of security motion

Rogers

F

Ce

F

F

Martin (Shore) v. Shore, 2004 CanLII 5060 (ON S.C.)

t

64.0

Answer struck, uncontested trial, 64 K in costs total, 15 K security already ordered, wifes pleadings also struck

Taylor

M

Cs

M

M

Martin v. Blanchard, 2007 CanLII 26611 (ON S.C.)

t

15.7

Spousal support 2 day trial, 15.7 K

 

Power

M

E

M

F

Martin v. Martin, 2005 CanLII 11809 (ON S.C.)

t

49.0

Divorce action, wife asks 165 K and gets 49 K

De Sousa

F

E

Sr

F

Martin v. Martin, 2007 CanLII 8638 (ON S.C.)

v

40.0

Support variation,40 K costs

Baltman

F

Cw

M

M

Martins v. Martins, 2006 CanLII 24242 (ON S.C.)

m

7.2

Motion to set arrears, wife claims 13.6 K and gets 7.2 K costs

 

Ditomaso

M

Ce

M

M

Martin-Shore v. Shore, 2004 CanLII 17019 (ON S.C.)

i

16.6

I0 K costs against husband for questioning at which wife refused to answer, husbands motion to vary support stayed and 6.6 K costs for motion

Karakatsanis

F

T

M

F

Matanovic v. Matanovic, 2005 CanLII 47788 (ON S.C.)

i

2.5

Interim motion, wife asks 10.3 K and gets 2.5 K

Gordon D

M

Cs

M

M

Mayer v. Mayer, 2003 CanLII 2177 (ON S.C.)

 

i

4.5

Interim motion on parenting schedule, 4.5 K costs, mutual non depletion and harassment order on consent

 

Belch

M

E

M

M

McCaw v. McCaw, 2007 CanLII 6920 (ON S.C.)

t

35.0

Divorce action, wife asks 69 K gets 35 K costs

Eberhard

F

Ce

sr

M

McCormick v. Vey, 2007 CanLII 35 (ON S.C.)

m

1.0

$ 570 per month child support and $ 10 per month s.7 expenses, 4.8 K retroactive arrears, man claims 26 K income and is imputed to 40 K, 1 K costs

Flynn

M

Cs

M

F

McKinnon v. McKinnon, 2004 CanLII 47798 (ON S.C.)

 

m

19.5

72 K retroactive support, 19.5 K costs

 

Power

M

E

sr

sr

McLean v. Vallance, 2006 CanLII 28910 (ON S.C.)

m

1.0

Wife claims 4.9 K and gets 1 K

Wein

F

Cw

F

M

McLean v. Vassel, 2004 CanLII 33012 (ON S.C.)

v

9.5

9.5 K for support variation including one of 2 interim motions, wife requested 88 K

 

Karakatsanis

F

T

M

M

Meikle v. Meikle, 2003 CanLII 2032 (ON S.C.)

v

17.0

Support variaton,  17 K costs

Panet

M

E

M

F

Meredith v. Meredith, 2002 CanLII 2807 (ON S.C.)

t

3.8

Divorce action, divided success, wife gets 3.8 K

Ferguson

F

Ce

M

F

Merkand v. Merkand, 2006 CanLII 33420 (ON S.C.)

i

2.1

Interim motion on access variation,  2.1 K  costs

Stong

M

Ce

M

F

Metter v. Solomon, 2005 CanLII 9673 (ON S.C.)

v

15.7

Support variation, 15.7 K costs

Rivard

M

Ne

sr

M

Mgrdichian v. Mgrdichian, 2006 CanLII 13773 (ON S.C.)

m

370.0

80 K in unpaid costs, 370 K cost penalty

 

Howden

M

Ce

M

F

Millard v. Cargoe, 2004 CanLII 15955 (ON S.C.)

i

4.7

Interim motion to vary support, 4.7 K costs

Turnbull

M

Cs

M

F

Mitton v. Mitton, 2007 CanLII 4323 (ON S.C.)

m

7.4

Support motion, 7.4 K costs, 4 K retroactive support

 

Clark

M

T

F

M

Molitor v. Andreou, 2006 CanLII 3481 (ON S.C.)

i

5.0

Interim support motion, husband ordered to pay 5.3  K  per month support, 5 K costs

Marshman

F

Sw

F

F

Morrison v. Morrison, 2003 CanLII 1950 (ON S.C.)

t

7.5

Divorce action, 7.5 K costs

 

Strong

M

Ce

M

F

Munro v. Munro, 2004 CanLII 44992 (ON S.C.)

 

i

3.5

2 K cost penalty seeking leave to appeal 1.5 K cost penalty

 

Mackinnon J

F

E

sr

M

N.(D.) v. E.(T.), 2000 CanLII 21156 (ON S.C.)

t

6.5

Wife wins trial of custody and gets 6.5 K costs, asks for 10 K

Blishen

F

E

M

M

N.L. v. J.C., 2005 CanLII 4838 (ON S.C.)

i

5.5

Interim motion  to strike pleadings, 2.5 K costs, previous interim motion for custody, 5.5 K costs

Cosgrove

M

E

M

F

N.S. v.D.S., 2002 CanLII 2711 (ON S.C.)

m

3.5

3.5 K costs

Howden

M

Ce

M

M

Naidoo v. Naidoo, 2004 CanLII 886 (ON S.C.)

t

91.6

Divorce action, 91.6 K costs

Murray

M

Cw

sr

M

Nanan v. Nanan, 2006 CanLII 12718 (ON S.C.)

t

8.6

Claims 83 K imputed to 88 K, pays 1.5 K spousal support and 2 K mortgage, and 0.7 K child support, 8.6 K costs

 

Paisley

M

T

M

F

Narayan v. Padathe, 2006 CanLII 19943 (ON S.C.)

t

75.0

Divorce  action, 75 K costs

Macdonald

F

T

M

F

Nichele v. Nichele, 2003 CanLII 1901 (ON S.C.)

i

5.0

Preliminary hearing in motion to  vary support order, 5 K costs, man is allowed to proceed

Flynn

M

Cs

M

M

Nittel v. Nittel, 2007 CanLII 14340 (ON S.C.)

t

22.0

Divorce action 22 K

 

Stewart

F

T

M

M

Noethe v. Noethe, 2004 CanLII 31863 (ON S.C.)

m

15.0

Wife gets summary judgment against husband, security had been ordered, 15 K costs

Backhouse

F

T

L

F

Nordin v. Joslin, 2005 CanLII 14004 (ON S.C.D.C.)

m

6.2

6.2 K for support reduction motion and 5 K for appeal

Smith GP

M

Nw

M

F

Norland v. Norland, 2007 CanLII 20786 (ON S.C.)

i

6.6

Wife gets 6.6 K costs for interim motion

 

Hambly

M

Cs

L

L

O'Connor v. O'Connor, 2004 CanLII 6232 (ON S.C.)

i

1.1

Summary judgment on s.7 expenses and travel consent, 1.1 K costs

 

Ditomaso

M

Ce

sr

M

Ojo v. Ojo, 2005 CanLII 9674 (ON S.C.)

v

45.9

Motion to stay support and arrears and security, 45.9 K costs

Benotto

F

T

sr

L

Orser v. Grant, 2003 CanLII 2277 (ON S.C.)

m

20.0

20 K costs and interest

Aston

M

T

M

M

Osmar v. Osmar, 2000 CanLII 20380 (ON S.C.)

t

25.0

 Wife asks for 33 K and gets 25 K for trial

De Sousa

F

E

sr

F

P.R. v. K.R., 2003 CanLII 1918 (ON S.C.)

t

36.9

Divorce action, pleadings struck, uncontested trial, 36.9 K costs

Mackinnon J

F

E

sr

F

P.R. v. K.R., 2005 CanLII 44186 (ON S.C.)

i

1.8

$ 1750 for 2 interim motions to set aside and leave to appeal the order of Byers J

Polowin

F

E

sr

F

P.R. v. K.R., 2005 CanLII 44186 (ON S.C.)

i

0.5

$ 500 for interim motion

Power

M

E

sr

F

P.R. v. K.R., 2006 CanLII 1676 (ON S.C.)

v

10.0

Support variation, 10 K costs, 10 K costs of appeal

Nolan

F

Sw

sr

L

P.R. v. W.M.R., 2006 CanLII 28911 (ON S.C.)

i

12.6

Both man and wife ask for house, wife gets exclusive possession, mutual non depletion order, restraining order, 12.6 K costs

 

Greer

F

T

M

M

Paech v. Paech, 2004 CanLII 47780 (ON S.C.)

i

93.0

Interim motion to determine support, wife asks 99 K gets 93 K

Croll

F

T

M

F

Parker v. Parker, 2004 CanLII 14179 (ON S.C.)

i

5.0

Interim motion  for  custody and  support, wife gets 5 K

Matheson

M

Cs

M

M

Parnell v. Viger, 2004 CanLII 27183 (ON S.C.)

t

103.4

Divorce action with 9 days of trial involving constructive trust, 103.4 K costs

 

Turnbull

M

Cs

M

M

Pasichnyk v. Pasichnyk, 2005 CanLII 46745 (ON S.C.

t

39.0

Divorce action, husband declares bankruptcy, 39 K costs, 30 K is related to support and survives bankruptcy.

 

McLaren

F

Cs

M

M

Patterson v. Patterson, 2007 CanLII 26288 (ON S.C.)

t

144.6

Divorce action, wife successful on 4 out of 6 issues, wife asks 342 K and gets 144.6 K

 

Macdonald

F

T

M

M

Pearce v. Murphy, 2004 CanLII 9423 (ON S.C.)

m

70.0

Lump sum of 350 K for child support, costs of 70 K

Lalonde

M

E

ex

F

Perkins v. O'Neill, 2006 CanLII 39035 (ON S.C.)

m

11.0

11 K costs for motion

Turnbull

M

Cs

sr

M

Perry v. Perry, 2007 CanLII 20982 (ON S.C.)

v

11.0

11 K costs of support variation, 20 K arrears, 10 K s.7 arrears, husband declared bankruptcy, imputed income

 

Belleghem

M

Cw

M

F

Peters v. Peters, 2003 CanLII 2198 (ON S.C.)

t

38.0

Divorce action, divided success wife gets at least 38 K costs

 

Blishen

F

E

M

F

Piskor v. Piskor, 2004 CanLII 5023 (ON S.C.)

v

18.0

Support variation, 18 K costs

Flynn

M

Cs

sr

sr

Platonova v. Platonov, 2005 CanLII 2951 (ON S.C.)

t

2.0

Divorce action, self represented wife gets 2 K costs against intrasient husband

 

Gordon D

M

Cs

L

L

Plotz v. Boehmer-Plotz, 2004 CanLII 34349 (ON S.C.)

v

8.5

Support variation dismissed, 8.5 K costs

 

Hambly

M

Cs

L

L

Plotz v. Boehmer-Plotz, 2004 CanLII 34349 (ON S.C.)

v

5.8

Support variation dismissed, 5.8 K costs, previous 15 K cost award unpaid, 27 K arrears

 

Charbonneau

M

E

L

L

Poirier v. Poirier, 2006 CanLII 2188 (ON S.C.)

t

36.0

Divorce, 36 K costs

Eberhard

F

Ce

sr

F

Pratt v. Pratt, 2003 CanLII 2201 (ON S.C.)

t

10.0

Divorce action, husband given supervised access to children, divided success, 10 K costs

Hambly

M

Cs

M

M

Purvis v. Purvis, 2003 CanLII 18186 (ON S.C.)

i

0.7

Interim motion $ 700 costs, man must pay equalization based on property evaluation 55 K above sale price

 

Platana

M

Nw

sr

M

Pysznyj v. Pysznyj, 2007 CanLII 16639 (ON S.C.)

t

8.8

Trial of support, wife asks 9.8 K costs and gets 8.8 K

 

Stewart

F

T

M

M

Qi v. Fung, 2006 CanLII 16366 (ON S.C.)

m

1.5

Motion for child support, husbands income imputed to  40 K, 1.5 K costs

Hambly

M

Cs

M

F

R.W.L. v. K.A.L., 2003 CanLII 2168 (ON S.C.)

v

5.9

Husband brings motion for  custody assessment and access, 5.9 K costs

 

Henderson

M

Cs

M

M

Racz v. Racz, 2004 CanLII 39025 (ON S.C.)

t

4.5

Divorce action settled on consent, 4.5 K costs

 

Kurisko

M

Nw

F

M

Radcliff v. Radcliff, 2001 CanLII 28204 (ON S.C.)

m

6.0

Costs of motion 6 K to be offset against 11 K cost penalties against wife and 5.7 K interest, wife gets interim retroactive spousal support of 0.8 K per month

 

Fedak

M

Cs

M

M

Ragis v. Ragis, 2005 CanLII 18854 (ON S.C.)

t

10.0

Divorce action, only issue left for trial was support, 10 K costs

 

Wein

F

Cw

M

F

Ramcharitar v. Ramcharitar, 2003 CanLII 1997 (ON S.C.)

v

34.0

Wife asks for 55 K partial or 98 K full and gets 34 K, post divorce action for custody access.

 

Matheson

M

Cs

M

M

Rawlins v. Rawlins, 2006 CanLII 28560 (ON S.C.)

v

8.7

Variation, wife asks 25.7 K and gets 8.7 K 

 

Kozak

M

Nw

F

M

Regaudie v. Thomas, 2002 CanLII 2667 (ON S.C.)

m

1.2

1.2 K for default set aside on consent

 

Reilly

M

Cs

M

F

Reid v. Mulder, 2006 CanLII 9981 (ON S.C.)

t

6.4

Divorce action, wife allowed to move to fiji with child, no costs for custody but 6.4 K for financial

 

Snowie

F

Cw

M

F

Reid v. Reid, 2005 CanLII 2743 (ON S.C.)

t

19.5

Divorce action, wife spends 62 K and gets 19.5 K

 

Hambly

M

Cs

M

M

Reinhardt v. Reinhardt, 2004 CanLII 34788 (ON S.C.)

v

58.7

Separation agreement varied, 58.7 K  costs

 

Campbell

M

Sw

sr

F

Ridout v. Ridout, 2006 CanLII 32914 (ON S.C.)

t

7.0

Divorce action, man must pay 7 K costs

 

Marshman

M

Sw

sr

F

Ridout v. Ridout, 2006 CanLII 32914 (ON S.C.)

i

0.6

Interim motion 0.6 K costs

 

Croll

F

T

M

M

Riel v. Holland, 2003 CanLII 3433 (ON C.A.)

m

15.0

3.4 spousal support per month, 2.2 child support per month, man claims 55 K and is imputed to 132 K per year, 15 K costs

Jenkins

M

Sw

M

M

Rizzo v. Rizzo, 2001 CanLII 28119 (ON S.C.)

i

1.5

1.5 K costs interim motion

 

Sedgwick

M

E

sr

M

Roberts v. Aasen, 2003 CanLII 2000 (ON S.C.)

t

60.9

Custody and access 60.9 K award

Rogers

F

Ce

sr

F

Romanenko v. Stolarsky, 2005 CanLII 9677 (ON S.C.)

t

11.0

Uncontested trial, husbands pleadings struck, 11 K costs

De Sousa

F

E

sr

F

Roscoe v. Roscoe, 2003 CanLII 2037 (ON S.C.)

i

1.5

Mans pleadings struck at interim ex parte motion, 1.5 K costs, denied leave to appeal, uncontested trial

O’Neill

M

Ne

sr

M

Rose v. Rose, 2004 CanLII 17755 (ON S.C.)

v

3.5

Application to vary custody and support dismissed, 3.5 K costs

 

Perkins

M

Ce

L

L

S.(C.) v. S.(M.), 2007 CanLII 20279 (ON S.C.)

t

320.0

Husband denied access to child must pay 320 K costs

Festeryga

M

Cs

F

F

S.P. v. F.R., 2006 CanLII 19948 (ON S.C.)

t

20.3

Divorce action, wife asks 25 K and gets 20 .3 K, husband Asks  30.3 K

 

Wein

F

Cw

M

L

S.R.S. v. A.H.H., 2004 CanLII 5038 (ON S.C.)

 

m

8.2

Husband unemployed  and retraining, 8.2 K cost penalty

 

Kitely

F

T

 

M

Sait v. Thorne, 2006 CanLII 44280 (ON S.C.)

t

200.0

Over 200 K in costs, 188 K is support related and survives mans bankruptcy

Hambly

M

Cs

F

M

Sanders v. Sanders, 2003 CanLII 2347 (ON S.C.)

t

7.5

Divorce action, 7.5 K costs

 

Shaw

M

Nw

M

M

Santos v. Santos, 2006 CanLII 28744 (ON S.C.)

i

2.3

Interim motion on sale of home,wife asks 4.5 K and gets 2.3 K, husband asks 5.7 K

 

Greer

F

T

M

 

Santos v. Santos, 2007 CanLII 920 (ON S.C.)

i

3.0

3.0 K costs for interim motion

Belleghem

M

Cw

M

M

Savage v. Pemberton Savage, 2004 CanLII 48868 (ON S.C.)

v

2.5

Motion to vary support dismissed 2.5 K costs

 

Bellighem

M

Cw

sr

F

Schmidt v. Seidel, 2004 CanLII 17443 (ON S.C.)

v

0.9

Custody variation. joint custody changed to sole custody to  wife, claims wife is alienating children, denied an assessment, $ 850 costs

 

Perkins

M

Ce

F

F

Sedore v. Sedore, 2006 CanLII 2622 (ON S.C.)

t

7.3

Divorce action, 7.3 K costs

Aitken

F

E

M

M

Seguin v. Masterson, 2004 CanLII 196 (ON S.C.)

i

3.8

Interim motion, wife asks 5.9 K and gets 3.8 K

Whitten

M

Cs

F

M

Shamblaw v. Anger, 2005 CanLII 44380 (ON S.C.)

m

1.0

Support determination 1 K costs

 

Mackinnon J

F

E

M

M

Shamess v. Berry, 2006 CanLII 42606 (ON S.C.)

v

25.0

Support variation, wife asks 38 K gets 25 K plus prejudgment interest, man owes 79 K in arrears

Rogers

F

Ce

sr

M

Shamli v. Shamli, 2004 CanLII 45956 (ON S.C.)

i

7.0

Interims motions to  strike pleadings, 7 K costs

Patterson

M

Sw

ex

F

Sheffiel-Lambros v. Sheffiel, 2005 CanLII 4449 (ON S.C.)

m

4.5

Deceased husband does not appear and is given a 4.5 K cost penalty

 

Gordon D

M

Cs

M

M

Sheikh v. Sheikh, 2005 CanLII 34589 (ON S.C.)

t

150.0

Divorce action, wife wins mobility, asks 190 K and gets 150 K

 

Tucker

F

Cs

sr

M

Siconolfi v. Siconolfi, 2007 CanLII 1327 (ON S.C.)

t

7.0

Divorce action partially settled, wife asks 15.5 K gets  7 K

 

Rogers

F

Ce

 

sr

Sigro-DiGiosaffatte v. DiGiosaffatte, 2003 CanLII 2238 (ON S.C.)

 

m

44.0

Lump sum and arrears and costs of 44 K owing, pleadings struck, must pay before he can ask for a variation, non dissipation order

Mackinnon J

F

E

M

M

Silver v. Mercer, 2003 CanLII 2039 (ON S.C.)

m

4.3

Wife gets 4.3 K for motion to set support

Harper

M

Sw

sr

M

Simmons v. Simmons, 2007 CanLII 40221 (ON S.C.)

m

3.0

Default on support 3.0 K costs, man does not comply with disclosure

 

Leitch

F

Sw

sr

M

Simmons v. Simmons, 2007 CanLII 40221 (ON S.C.)

v

3.3

3.3 K costs for variation, 3.3 K retroactive arrears, 1.4 K credit card lump, 10.5 K arrears, FRO may apply for commital of there’s a default, previous 3 K cost penalty by Harper J

 

Cusinato

M

Sw

M

M

Simpson v. Simpson, 2006 CanLII 819 (ON S.C.)

t

4.5

All issues settled prior to trial except spousal support, 4.5 K costs

 

Aston

M

T

M

M

Sims-Howarth v. Bilcliffe, 2000 CanLII 22584 (ON S.C.)

m

5.0

5 K for motion

Smith GP

M

Nw

M

F

Skramrud v. Skramrud, 2007 CanLII 51173 (ON S.C.)

t

9.0

2.5 K spousal per month, $ 400 child support, lump sum of 90 K, man is imputed to former 81 K pay from actual 28 K for taking voluntary retirement, 9 K costs

 

Aitken

F

E

sr

M

Sleiman v. Sleiman, 2003 CanLII 1983 (ON S.C.)

t

12.1

Wife asks 95.1 K for divorce action And gets 12 K for post appeal motion

Charbonneau

M

E

M

M

Sliwinski v. Marks, 2005 CanLII 23106 (ON S.C.)

t

34.0

Divorce action 34 K costs

Rutherford

M

E

M

M

Sliwinski v. Marks, 2005 CanLII 23106 (ON S.C.)

i

2.0

Interim motion 2 K costs

Howden

M

Ce

L

F

Sloan v. Sloan, 2006 CanLII 38366 (ON S.C.)

v

12.5

Support variation denied, 12.5 costs, man is intentionally unemployed

Mackinnon J

F

E

sr

sr

Smith v. Smith, 2000 CanLII 22455 (ON S.C.)

m

1.6

1.6 K costs

Wildman

F

Ce

F

F

Smith v. Smith, 2007 CanLII 22662 (ON S.C.)

i

10.5

Wifes loses motion for summary judgment, man pays 10.5 K costs

Magda

M

Ce

sr

M

Sokoljuk v. Sokoljuk, 2002 CanLII 2814 (ON S.C.)

m

5.0

Non dissipation order against man, wife gets support, man must pay into court funds held in foreign bank account, 5 K costs of motion

Eberhard

F

Ce

sr

M

Stancheff v. Stancheff, 2006 CanLII 22144 (ON S.C.)

v

2.5

Variation, 2.5  K costs

Aitken

F

E

sr

F

Stoate v. Stoate, 2005 CanLII 25768 (ON S.C.)

v

5.0

Motion to vary support, wife asks for 8.7 K  and gets 5 K costs

Blishen

F

E

M

M

Stratton v. Kangas, 2002 CanLII 46690 (ON S.C.)

m

2.0

Wife sucessful on 2 out of 3 issues, 3.5 K partial indemnity asked and gets 2 K

De Sousa

F

E

M

M

Surrette v. Johnson, 2003 CanLII 2282 (ON S.C.)

v

1.0

Support variation, divided success, 1 K costs

De Sousa

F

E

sr

M

Szivi v. Schwilgin, 2003 CanLII 2036 (ON S.C.)

i

9.0

Motion for leave to appeal, 9 K costs

Howden

M

Ce

F

M

Tavernier v. Tavernier, 2004 CanLII 5089 (ON S.C.)

m

2.0

2 K for motion

Whitten

M

Cs

M

M

Taylor v. Taylor, 2002 CanLII 44981 (ON C.A.)

 

t

32.8

10.3 K costs 69 K arrears, 274 K equalization payment, upheld on appeal , 22.5 K costs of appeal

 

Cavarzan

M

Cs

M

M

Tessarolo v. Tessarolo, 2005 CanLII 30882 (ON S.C.)

m

10.0

Wife asks for 6 K, husband asks for 12 K, wife gets 10 K

 

Stach

M

Nw

M

M

Tishbi v. Shemesh, 2005 CanLII 3383 (ON S.C.)

t

51.0

51 K and GST for divorce action

 

Herman

F

T

sr

F

Tock v. Tock, 2006 CanLII 44281 (ON S.C.)

m

4.0

4 K costs remaining owing, 450 K life insurance policy as long as he is obligated to pay support

Platana

M

Nw

M

M

Topetto v. Topetto, 2003 CanLII 1984 (ON S.C.)

t

5.0

Divorce action primarily negotiated between parties, wife asks 9.4 K gets 5 K

 

Smith GP

M

Nw

sr

M

Trevisanutto v. Crnkovic, 2005 CanLII 19789 (ON S.C.)

v

5.8

5.8 K costs for motion to vary support

 

Smith R

M

E

sr

F

Trevisanutto v. Crnkovic, 2005 CanLII 19789 (ON S.C.)

v

5.8

Motion to vary support, 5.8 K costs

Fragomeni

M

Cw

sr

F

Trick v. Trick, 2005 CanLII 48923 (ON S.C.)

m

10.0

Wifes motion for husbands non compliance, vesting order, upheld on appeal, 10 K costs

 

Seppi

F

Cw

M

M

Trick v. Trick, 2006 CanLII 22926 (ON C.A.)

 

t

117.0

117 K costs for divorce action

 

Hambly

M

Cs

M

F

Tzeng v. Tzeng, 2007 CanLII 17042 (ON S.C.)

t

112.4

Wife gets 112.4 K costs in assault action against husband, 150 K damage award

 

Corbett

M

Cw

L

L

Umholtz v. Umholtz, 2004 CanLII 36132 (ON S.C.)

m

2.5

2.5 K costs for motion

 

Platana

M

Nw

sr

M

Valente v. Valente, 2003 CanLII 1985 (ON S.C.)

m

4.5

4.5 K costs of contempt motion

 

Wright

M

Nw

sr

M

Valente v. Valente, 2005 CanLII 41388 (ON S.C.)

m

0.9

Wife gets 0.9 K costs

 

Flynn

M

Cs

M

M

Vernon v. Vernon, 2006 CanLII 23266 (ON S.C.)

m

15.0

Motion for support, wifes partial lawyers bill 47 K, 15 K costs

 

Marshman

F

Sw

M

M

Verscheure v. Verscheure, 2006 CanLII 4493 (ON S.C.)

t

8.0

2.7 K per month child support even though father has child more than 40 %, 3.7 to 3 to 2.5 K spousal support per month, 2.7 K per month child support even though father has child more than 40 %, 3.7 to 3 to 2.5 K spousal support per month 8 K costs

 

Perkins

M

Ce

F

F

Visconti v. Visconti, 2006 CanLII 2626 (ON S.C.)

m

3.0

Wife gets 3 K on consent motion regarding setting husbands income

Hambly

M

Cs

L

L

Von Feilitz v. Von Feilitz, 2002 CanLII 2821 (ON S.C.)

i

0.8

0.8K for previous interim motion

 

Pardu

F

Ne

F

M

Walker v. Rutledge, 2003 CanLII 2358 (ON S.C.)

t

18.0

Divorce action, 18 K costs

 

Snowie

F

Cw

M

M

Walsh v. Walsh, 2003 CanLII 2268 (ON S.C.)

i

3.0

Interim motion, wife asks 4.5 K  gets 3 K

 

MacDougall

M

Ce

M

F

Warren v. Gilbert, 2006 CanLII 16488 (ON S.C.)

t

15.0

15 K costs of appeal added to costs of trial

Campbell

M

Sw

M

F

Waywell v. Waywell, 2004 CanLII 7577 (ON S.C.)

i

2.0

Wife asks 30 K for interim support relief and gets 2 K

 

Wein

F

Cw

sr

F

Wentzell v. Schumacher, 2004 CanLII 4032 (ON S.C.)

m

19.5

Trial cancelled due to agreement but husband gets 19.5 K costs for contempt motion withdrawn at last moment.

 

Mackinnon J

F

E

M

L

Westendorp v. Westendorp, 2000 CanLII 22538 (ON S.C.)

m

8.0

8 K costs for constitutional challenge, 4 K to wife and 4 K to FRO

Kruzick

M

Cw

sr

M

Wildman v. Wildman, 2006 CanLII 33540 (ON C.A.)

t

275.0

16 K per month spousal support and 7.5 K per month child support, 524 K arrears, 350 security deposit, appeal dismissed, 275 K costs including appeal

 

Glass

M

Ce

L

L

Wood v. Wood, 2002 CanLII 2717 (ON S.C.)

i

5.5

Interim motion, wife claims 7.7 K and gets 5.5 K, husband claims 8.2 K

Gordon D

M

Cs

L

L

Wood v. Wood, 2002 CanLII 2717 (ON S.C.)

m

5.9

5.9 K for motion

 

Glithero

M

Cs

L

L

Wood v. Wood, 2004 CanLII 14407 (ON S.C.)

t

23.9

Wife gets 23.9 K for divorce action

 

Backhouse

F

T

sr

M

Writer v. Peroff, 2006 CanLII 38363 (ON S.C.)

i

12.5

Mans has his pleadings struck dismissed, 12.5 K costs, 12 K costs of appeal

Greer

F

T

sr

M

Writer v. Peroff, 2006 CanLII 38363 (ON S.C.)

t

34.0

Mans has his pleadings struck dismissed, 12.5 K costs, 12 K costs of appeal, 34 K for costs of uncontested trial

LaFrance-Cardinal

F

E

M

F

Wylie v. Leclair, 2003 CanLII 49737 (ON C.A.)

t

11.0

1K trial costs changed to 11 K but man gets 3 K costs of appeal, 150 K unjust enrichment award reduced to 70 K

Turnbull

M

Cs

M

M

Young v. Staruck, 2006 CanLII 28111 (ON S.C.)

v

4.1

Child support variation, 4.1 K

 

Henderson

M

Cs

M

M

Zeleny v. Zeleny, 2004 CanLII 5094 (ON S.C.)

m

7.8

Wife agreed to pay lawyer $ 90 per hour but judge raises it to $ 195, 7.8 K for one motion

 

Day

M

T

sr

F

Ziomek v. La Selva, 2001 CanLII 28197 (ON S.C.)

i

2.5

2.5 K for interim motion

Greer

F

T

sr

F

Ziomek v. La Selva, 2001 CanLII 28197 (ON S.C.)

m

2.0

2 K costs for contempt motion, 6 K arrears, 7 K for forensic accountant, pleadings struck

Himel

F

T

sr

F

Ziomek v. La Selva, 2001 CanLII 28197 (ON S.C.)

m

7.0

Man retroactively imputed to current 250 K imputed income, 7 K costs

Blishen

F

E

M

M

Zlater v. Hartwick, 2007 CanLII 30664 (ON S.C.)

v

9.6

Motion for university expense, 9.6 K costs, ruling better than offer to settle

 

 

 

 

 

 

B)   Penalties Against Women

 

 

 

 

Boyko

F

Ce

M

M

Costabile v. Costabile, 2004 CanLII 42935 (ON S.C.)

i

0.7

Interim motion, $ 650 costs

Eberhard

F

Ce

L

L

McMurray v. Gerow, 2004 CanLII 5758 (ON S.C.)

i

1.3

$ 1300 for repeated mobility motion, motion does not comply with court order to return the child to Ontario

Ferguson

F

Ce

M

F

Merkand v. Merkand, 2006 CanLII 33420 (ON S.C.)

i

0.3

Interim motion on access variation, 0.3 K  costs

Rogers

F

Ce

M

M

Costabile v. Costabile, 2004 CanLII 42935 (ON S.C.)

i

0.7

Interim motion, $ 675 costs

Howden

M

Ce

M

M

Naidoo v. Naidoo, 2004 CanLII 34415 (ON S.C.)

i

2.0

2 K for motion about house

Perkins

M

Ce

F

sr

Church v. Church, 2003 CanLII 2084 (ON S.C.)

i

10.0

2 motions 10 K costs

Flynn

M

Cs

F

M

Munro v. Munro, 2005 CanLII 22142 (ON S.C.)

i

3.0

Interim motion, wife and lawyer don’t attend first motion, 3 K costs to wife, 1 K costs to wifes lawyer

 

Gordon D

M

Cs

M

M

O'Brien v. O'Brien, 2006 CanLII 32637 (ON S.C.)

i

32.0

Interim motions, wife claims 115 K paid to lawyers, husband claims 60 K, 32 K costs

 

Gordon D

M

Cs

M

M

Scodras v. Scodras, 2005 CanLII 19785 (ON S.C.)

i

3.0

Interim motion, 3 K costs

 

Gordon D

M

Cs

M

M

Stockie v. Stockie, 2003 CanLII 2352 (ON S.C.)

i

2.0

Interim motion, 2 K costs

 

Hambly

M

Cs

M

F

Bjornson v. Creighton, 2007 CanLII 14321 (ON S.C.)

i

 

Interim motion, 1.5 K costs

 

Hambly

M

Cs

M

sr

Girard v. Girard, 2007 CanLII 28740 (ON S.C.)

i

0.1

Interim access motion not needed, costs to husband $ 100

 

Harris

M

Cs

sr

M

Montemurro v. Shavalier, 2003 CanLII 43349 (ON S.C.)

i

1.5

Interim motion, wifes lawyer doesn’t respond, 1.5 K costs

 

Quinn JW

M

Cs

M

M

Riss v. Greenough, 2003 CanLII 2224 (ON S.C.)

i

5.3

5.3 K for 2 motions

 

Turnbull

M

Cs

M

M

Smith v. Smith, 2007 CanLII 8024 (ON S.C.)

i

0.8

Interim motion, 0.8 K costs

 

Blair

F

Cw

F

M

Bourque v. Haney, 2003 CanLII 2068 (ON S.C.)

i

5.8

Husband wins interim motion to stop wife moving with children, asks 6.9 K gets 5.8 K

 

Wein

F

Cw

M

M

Lanfrey v. Lanfrey, 2003 CanLII 2326 (ON S.C.)

i

0.2

Interim motion, $ 150, wife has not paid 6 K costs of trial which is under appeal

 

Wein

F

Cw

M

L

Stanley v. Stanley, 2003 CanLII 2351 (ON S.C.)

i

13.7

Husband gets wifes action stayed 13.7 K costs

 

Belleghem

M

Cw

L

L

Smolders v. Smolders, 2003 CanLII 2246 (ON S.C.)

i

3.0

Interim motion  to set support, 3 K  costs, wife gets 5 K per month support

 

Corbett

M

Cw

M

F

Moudry v. Moudry, 2005 CanLII 22220 (ON S.C.)

i

2.0

2.0 K costs for interim motion

 

Tulloch

M

Cw

M

sr

Walsh v. Walsh, 2006 CanLII 20857 (ON S.C.)

i

3.0

3 K costs of interim motion

 

Charboneau

M

E

F

M

Guénette v. Brisebois, 2004 CanLII 33294 (ON S.C.)

 

i

1.0

Husband  gets interim custody, divided success, 3 motions 1 K costs to be paid by wife

Rutherford

M

E

M

M

Craig v. Craig, 2005 CanLII 50263 (ON S.C.)

i

1.5

Contempt motion for disclosure dismissed, 1.5 K costs

Pierce

F

Nw

M

M

Kuluski v. Adams, 2002 CanLII 2684 (ON S.C.)

i

4.2

Husband wins interim motion to stop wife moving with children, 4.2 K

 

Kurisko

M

Nw

F

M

Radcliff v. Radcliff, 2001 CanLII 28204 (ON S.C.)

i

1.5

1.5 K for interim support motion withdrawn

 

McCartney

M

Nw

F

M

Hensel v. Hensel, 2006 CanLII 40672 (ON S.C.)

i

1.5

Interim motion for daycare, 1.5 K costs

 

McCartney

M

Nw

M

ex

McEvoy v. McEvoy, 2003 CanLII 2178 (ON S.C.)

i

3.0

3 K costs for striking motion

 

McCartney

M

Nw

F

sr

St. James v. St. James, 2006 CanLII 31618 (ON S.C.)

i

0.5

Interim motion for freezing order dismissed, 0.5 K costs

 

Stach

M

Nw

M

M

Gale v. Gale, 2006 CanLII 40788 (ON S.C.)

i

4.2

Interim motions in 3 courts, 4.2 K total

 

Wright

M

Nw

M

M

Willson v. Willson, 2003 CanLII 2274 (ON S.C.)

i

1.5

1.5 K costs for motion withdrawn if wife turns out entitled to interim support and 3.5 K costs if she wasn’t

 

Zelinski

M

Nw

F

M

Radcliff v. Radcliff, 2001 CanLII 28204 (ON S.C.)

i

0.3

0.3 K costs for interim motion

 

Zelinski

M

Nw

L

L

White v. Richardson, 2005 CanLII 34818 (ON S.C.)

i

0.2

Wife is under a 0.2 K cost order

 

Marshman

F

Sw

M

M

Al-Mutter v. Al-Ekabi, 2003 CanLII 1945 (ON S.C.)

i

6.5

Wife must pay 6.5 K costs for interim motion

 

Marshman

F

Sw

F

F

Miller v. Miller, 2005 CanLII 463 (ON S.C.)

i

1.5

Wife motion for supervised access fails 1.5 K costs

 

Marshman

F

Sw

M

M

Verscheure v. Verscheure, 2006 CanLII 13238 (ON S.C.)

i

8.0

Divorce, husband gets 8 K costs for interim motion to be offset against his support payments

 

Cusinato

M

Sw

M

M

Moore v. Riley, 2005 CanLII 24928 (ON S.C.)

i

2.0

2 K costs of interim motion

 

Herman

F

T

M

sr

Dagorne v. Cormack, 2007 CanLII 28223 (ON S.C.)

i

1.5

Interim motion, 0.75 K cost penalty, second interim 0.75 cost penalty, wife hasn’t paid  first penalty

Mesbur

F

T

M

M

Burmi v. Dhiman, 2001 CanLII 28206 (ON S.C.)

i

2.0

2 K costs for motion to amend pleadings for damage claim and add husbands parents, motion allowed but spousal support denied fo 7 week marriage

Mesbur

F

T

M

sr

Santos v. Santos, 2007 CanLII 920 (ON S.C.)

i

1.5

1.5 K costs of interim motion

Del Frate

M

Ne

M

M

Ansara v. Ansara, 2007 CanLII 6235 (ON S.C.)

i

3.0

Interim motion on acces and support, 3 K costs deferred to trial

Eberhard

F

Ce

sr

sr

Crocker v. Critch, 2005 CanLII 48314 (ON S.C.)

m

1.8

$ 1750 costs offset against 4.5 K support arrears, mans arrears reduced

Ditomaso

M

Ce

M

F

Heath v. Heath, 2006 CanLII 19458 (ON S.C.)

m

15.0

Contempt motion, wife empties house with moving van against direct court order, 5 K penalty, 15 K costs

Ditomaso

M

Ce

 

 

Ross v. Pishalski, 2005 CanLII 9678 (ON S.C.)

m

3.5

3.5 K for denied jurisdiction motion

Glass

M

Ce

M

F

Hill v. Hill, 2005 CanLII 3476 (ON S.C.)

m

16.0

Motion to enforce a separation agreement, husband claims 21 K gets 16 K

Perkins

M

Ce

M

F

Savoie v. Richard, 2004 CanLII 47793 (ON S.C.)

m

2.0

Motion, husband asks for  6.8 K gets 2 K

Timms

M

Ce

M

M

Caldwell v. Caldwell, 2007 CanLII 8918 (ON S.C.)

m

20.0

Motion for support against wife who hasn’t paid, 20 K costs

Flynn

M

Cs

F

sr

Duquette v. Gregorio, 2006 CanLII 32615 (ON S.C.)

m

2.4

Motion for expanded access, 2.4 K costs

 

Glithero

M

Cs

M

M

Cornaz v. Cornaz-Nikyuluw, 2005 CanLII 47770 (ON S.C.)

m

31.0

Hague convention case to return child to husband, husband asks 62 K gets 31 K

 

Quinn JW

M

Cs

M

sr

Coletta v. Jones Coletta, 2003 CanLII 2412 (ON S.C.)

m

2.5

2.5 K costs for contempt motion

 

Snowie

F

Cw

M

sr

Euteneier v. Euteneier, 2007 CanLII 9609 (ON S.C.)

m

6.3

6.3 K costs of motion, woman declared a vextacious litigant and must get leave of court to file

 

Snowie

F

Cw

F

F

Moudry v. Moudry, 2005 CanLII 22220 (ON S.C.)

m

14.5

Found in contempt for denial of access and false allegations, custody given to man, 14.5 K cost penalty

 

Tulloch

M

Cw

F

M

Finucan v. Finucan, 2006 CanLII 30590 (ON S.C.)

m

3.0

Motion, 3 K costs

 

DeSousa

F

E

F

F

A.D. v. M.J., 2006 CanLII 37515 (ON S.C.)

m

8.0

Motion, wife found in contempt, 8 K costs

De Sousa

F

E

M

F

Sloss v. Forget, 2005 CanLII 4843 (ON S.C.)

m

6.0

Motion for mobility and support, 6 K costs

Shaw

M

Nw

M

F

Petit v. Petit, 2007 CanLII 20789 (ON S.C.)

m

4.0

4.0 K for withdrawn motion

 

Campbell

M

Sw

M

M

MacRae v. Simpson, 2003 CanLII 2307 (ON S.C.)

m

5.8

Half day motion, husband asks 27.8 K and gets 5.8 K

 

Campbell

M

Sw

M

M

Walker v. Walker, 2006 CanLII 20095 (ON S.C.)

m

5.0

Husband gets 5 K

 

Vogelsang

M

Sw

M

F

Marshall v. Marshall, 2004 CanLII 4015 (ON S.C.)

m

2.7

Custody and access motion, 2.7 K costs

 

Macdonald

F

T

F

M

Bespaly v. Bespaly, 2003 CanLII 2287 (ON S.C.)

m

4.25

Contempt motion for arrears, 4.25 K cost including 0.75 K for cost submissions

Macdonald

F

T

M

F

Brittain v. Brittain, 2003 CanLII 2289 (ON S.C.)

m

3.5

3.5 K for costs of denied mobility motion

Macdonald

F

T

M

M

McDougall Pearce v. Murphy, 2004 CanLII 5877 (ON S.C.)

m

2.0

2 K costs for motion to be paid out of 55 K lump sum

Mesbur

F

T

M

M

Cundill v. Cundill, 2004 CanLII 30891 (ON S.C.)

m

5.5

5.5 K for costs of motion

Glass

M

Ce

F

M

McKenzie v. McKenzie, 2002 CanLII 2803 (ON S.C.)

t

9.0

Divorce action, 9 K  costs

Howden

M

Ce

M

M

Donnelly v. Donnelly, 2004 CanLII 9296 (ON S.C.)

t

40.0

Wife pays 40 K costs for divorce action

Timms

M

Ce

M

F

Mercieca v. Merciera, 2003 CanLII 2184 (ON S.C.)

t

15.0

Divorce action, 15 K costs

 

Hambly

M

Cs

M

sr

Hockey-Sweeney v. Sweeney, 2002 CanLII 2721 (ON S.C.)

t

215.0

Divorce action, wife acts unreasonably, 200 K costs and 15 K costs of appeal, husband gets custody and must pay 5 K per month spousal support

 

Tucker

F

Cs

M

F

St. Louis v. St. Louis, 2007 CanLII 11730 (ON S.C.)

t

10.0

Divorce action, husband seeks 21 K gets 10 K

 

Festeryga

M

Cs

M

M

Harrington v. Harrington, 2007 CanLII 27754 (ON S.C.)

t

89.0

Divorce action, husband asks 129 K gets 89 K

 

Flynn

M

Cs

M

F

Debruyn v. Debruyn, 2005 CanLII 11206 (ON S.C.)

t

9.5

Divorce action, wife gets 9.5 K costs and her lawyer gets 5 K costs and can’t bill wife for trial time

 

Glithero

M

Cs

F

sr

Hoddinott v. Hoddinott, 2002 CanLII 2791 (ON S.C.)

t

13.6

Divorce action 13.6 K costs

 

Glithero

M

Cs

M

M

Visneskie v. Visneskie, 2003 CanLII 2264 (ON S.C.)

t

45.5

Divorce action, husband asks for 54.5 K and gets 45.5  K

 

Gordon  D

M

Cs

M

M

Takis v. Takis, 2003 CanLII 2256 (ON S.C.)

t

32.0

Divorce action, husband asks 64 K and gets 32 K

 

Mazza

M

Cs

F

M

Raguckas v. Raguckas, 2007 CanLII 2360 (ON S.C.)

t

40.7

Divorce action, 40.7 K

 

Turnbull

M

Cs

M

L

Bolduc v. Bolduc, 2006 CanLII 35976 (ON S.C.)

t

15.0

Trial, husband claims 25 K gets 15 K

 

Quigly

M

Cw

M

sr

Walsh v. Walsh, 2007 ONCA 218 (CanLII)

t

21.6

21.6 K costs of divorce action, upheld on appeal, 3.5 K costs of appeal, leave provision rescinded

 

Snowie

F

Cw

M

M

A.F. v. I.V., 2006 CanLII 32619 (ON S.C.)

t

252.9

Divorce action lasting 11 years where wife made numerous false allegations, 252.9 K costs

 

Wein

F

Cw

M

F

Voce v. Gibson, 2003 CanLII 778 (ON C.A.)

t

4.0

12 K costs of trial overturned to 4 K on appeal

 

Belleghem

M

Cw

M

sr

Murphy v. Murphy, 2003 CanLII 2186 (ON S.C.)

t

14.5

Divorce action, husband asks 40 K costs and gets 12 K, 2 adjournments $ 1250

 

Tulloch

M

Cw

M

M

Sincovich v. Sincovich, 2005 CanLII 33591 (ON S.C.)

t

12.0

Husband successful in custody support application, claims 45 K gets 12 K costs

 

De Sousa

F

E

F

F

Ladisa v. Ladisa, 2004 CanLII 15138 (ON S.C.)

t

10.0

Divorce action, wife claims 35 K costs, husband claims 28 K and gets 10 K, appeal dismissed

De Sousa

F

E

M

M

Marks v. Tokarewicz, 2003 CanLII 1995 (ON S.C.)

t

28.8

20K costs, 8.8 K costs of appeal

De Sousa

F

E

F

M

Viertelhausen v. Burbridge, 2006 CanLII 11238 (ON S.C.)

t

7.0

Support trial, 7 K costs

Mackinnon J

F

E

F

M

D.W. v. C.O, 2006 CanLII 16361 (ON S.C.)

t

3.0

Child support application, 3 K costs

Panet

M

E

F

M

Nicholls v. Peterson, 2007 CanLII 43497 (ON S.C.)

t

1.3

$1,250 for uncontested trial, womans pleadings struck, 2 other $ 500 cost penalties

Smith R

M

E

M

sr

Coady v. Boyle, 2004 CanLII 15122 (ON S.C.)

t

70.0

70 K costs against wife

McCartney

M

Nw

F

M

Goeldner v. Goeldner, 2004 CanLII 14348 (ON S.C.)

t

20.0

Divorce action no children, costs 47 K plus 2.6 K prejudgment interest, changed to 20 K costs on appeal

 

Platana

M

Nw

M

sr

Coady v. Boyle, 2004 CanLII 15122 (ON S.C.)

t

67.0

Divorce action, wife makes fraud claim, husband asks 102 K gets 67 K

 

Platana

M

Nw

sr

sr

L.J.J.C. v. V.S.C., 2006 CanLII 21777 (ON S.C.)

t

27.5

Husband claims 50 K for divorce and gets 27.5 K, wife claims 91 K

 

Marshman

F

Sw

M

M

Al-Mutter v. Al-Ekabi, 2003 CanLII 1945 (ON S.C.)

t

32.5

Divorce action, 15 day trial, wife must pay 32.5 K and her lawyer 5 K in costs

 

Campbell

M

Sw

M

M

Cumpson v. Templeton, 2005 CanLII 50010 (ON S.C.)

t

14.0

Husband wins custody and mobility trial, 14 K costs

 

Campbell

M

Sw

M

M

Snih v. Snih, 2007 CanLII 20774 (ON S.C.)

t

18.0

Wife loses custody action, husband claims 30 K and gets 18 K

 

Benotto

F

T

M

sr

C.A.M. v. D.M., 2003 CanLII 18880 (ON C.A.)

t

45.0

Woman given supervised access and 45 K cost penalty, appeal dismissed

Benotto

F

T

M

M

Woolf v. Woolf, 2001 CanLII 8591 (ON C.A.)

t

25.0

Womans pleadings struck, appeal dismissed, 25 K costs

Del Frate

M

Ne

F

sr

Levesque v. Little, 2007 CanLII 1910 (ON S.C.)

t

27.5

Divorce action, husband asks 53.2 K and gets 27.5 K

Loukidelis

M

Ne

M

M

Borsos v. Borsos, 2006 CanLII 31201 (ON S.C.)

t

7.5

Divorce action, husband asks 47.1 K  and gets 7.5 K

Whalen

M

Ne

M

M

Feng v. Philips, 2006 CanLII 13769 (ON S.C.)

t

211.0

Divorce action, 5 ½ years to get to trial, 211 K costs

Wood

M

Ce

M

M

S.M.G. v. M.J.J.G., 2006 CanLII 16 (ON S.C.)

v

7.5

Custody variance, husband asks 50 K gets 7.5 K

 

Wildman

F

Ce

M

F

L.K. v. T.G., 2007 CanLII 10411 (ON S.C.)

v

10.0

Husband wins motion for unsupervised access, claims 20 K and gets 10 K, his contempt motion denied

Cavarzan

M

Cs

M

M

Belanger v. Belanger, 2005 CanLII 30867 (ON S.C.)

v

9.5

9.5 K costs of support variation against wife, husband has custody

 

Festeryga

M

Cs

M

F

Graham v. Kuntz, 2005 CanLII 44387 (ON S.C.)

v

9.0

Support variation, 9 K costs

 

Flynn

M

Cs

M

M

Miner v. Miner, 2004 CanLII 16229 (ON S.C.)

v

16.0

Husband asks 58 K and gets 16 K in support variation

 

Flynn

M

Cs

M

F

Rossi v. Rossi, 2005 CanLII 47780 (ON S.C.)

v

35.0

3 day trial of support variation, 35 K cost penalty

 

Glithero

M

Cs

F

M

Balaban v. Balaban, 2007 CanLII 7990 (ON S.C.)

v

6.4

Husbands motion to terminate support, 6.4 K costs

 

Hambly

M

Cs

F

M

Tucker v. Tucker, 2002 CanLII 2761 (ON S.C.)

v

5.2

Motion to vary support, 5.2 K costs

 

Belleghem

M

Cw

M

F

J.P.S.V. v. M.V., 2006 CanLII 10530 (ON S.C.)

v

2.5

Support variation, 2.5 K costs

 

Blishen

F

E

F

F

O'Connor v. O'Connor, 2007 CanLII 8930 (ON S.C.)

v

5.0

Motion to vary support, husband claims 19.8 K and gets 5 K, wife claims 8.4 K

Mackinnon J

F

E

M

M

Zadegan v. Zadegan, 2005 CanLII 48697 (ON S.C.)

v

4.8

Motion  to vary support, husband gets  4.8 K

Hackland

M

E

M

M

Charron v. Fulham, 2004 CanLII 17656 (ON S.C.)

v

4.5

4.5 K costs on child support variation

McCartney

M

Nw

F

sr

Jones v. Cole, 2007 CanLII 21956 (ON S.C.)

v

28.0

Wifes motion to vary support fails, husband asks for 76 K and gets 28 K

 

Marshman

F

Sw

F

M

Bowcock v. Bowcock, 2005 CanLII 18193 (ON S.C.)

v

5.5

Husband must call motion to terminate support because of wifes actions, asks for 6.8 K gets 5.5 K

 

Karakatsanis

F

T

F

M

A.J.K. v. S.L.M., 2003 CanLII 2409 (ON S.C.)

v

56.0

Wife gets 56 K cost penalty on custody access variation action, offset against 8 K owed in costs for interim motion by husband

Aston

M

T

M

M

Gartley v. Church, 2002 CanLII 2727 (ON S.C.)

v

3.5

Motion to adjust support overpayment, Husband is partially successful and claims 27 K and gets 3.5 K, wife claims 25 K

Aston

M

T

M

M

Sharpe v. Ebers, 2002 CanLII 2725 (ON S.C.)

v

4.0

Support variation, 4 K costs

Riopelle

M

Ne

M

F

Chertow v. Chertow, 2005 CanLII 35478 (ON S.C.)

v

2.5

2.5 K costs of motion to vary support, recalculation leaves father 38 K arrears

 

 

 

Appendix C    Cost Penalty Case Extracts

 

 

 

 

Janmaat v. Janmaat, 2005 CanLII 25900 (ON S.C.)

 

[33] Not surprisingly the submissions with respect to costs have consumed many pages – to my way of thinking a shockingly excessive number of pages. Taken together the costs claimed total about $400,000.00 – considerably more than the equalization payment and more than 50% of the net worth of both parties at the date of the separation.

 

[34] To my way of thinking a justice system that permits plunder of that nature, particularly when children are involved, is in desperate need of overhauling, and, but for the censure I have recently received for interfering too much with counsel at trial, I would never have permitted this trial to proceed as it did.

 

 

 

Lampshire v. Lampshire, 2002 CanLII 2737 (ON S.C.)

 

[13] The average household does not have the income to fund a heated legal battle and also save for their children’s future education. Monies expended on costly litigation over custody may well equal or exceed the costs of sending a child to college or university.

 

 

 

Dube v. Horzempa, 2007 CanLII 20776 (ON S.C.)

 

[16] I am concerned that costs in family proceedings are becoming so high that it threatens to jeopardize access to justice for many litigants contrary to a fundamental principle of any democratic society. Access to justice and to the courts of our country cannot be restricted to only those who can afford it.

 

 

 

Kolody Ardan v. Ardan, 2002 CanLII 2689 (ON S.C.)

 

At this point, neither party ought to be blamed for the circumstances in which the family has been living for some time. If costs are awarded, it will suggest both blame and vindication.

 

 

 

Reid v. Mulder, 2006 CanLII 9981 (ON S.C.)

 

I refuse to recognize her as a “winner” at trial and designate father a “loser” by an award of costs for the trial in favour of mother. To do so, in my view, would be unjust and indeed unconscionable.

 

 

 

C.R.M. v. F.J.F., 2007 CanLII 53242 (ON S.C.)

 

Mr. F.J.F. suggests that he spent $50,000 in legal fees during the prior round of litigation and that Ms C.R.M. likely did, as well. He has chosen to represent himself in these subsequent proceedings due to the financial costs.

 

 

 

T.P.S. v. K.E.S, 2007 CanLII 17382 (ON S.C.)

 

The parties were unrepresented at trial. The children were represented by the Office of the Children’s Lawyer. Mr. T.P.S. claims that he has incurred legal costs in regard to his separation from Ms. K.E.S. in the amount of $85,827. He wishes to recover 75% of those costs. Ms. K.E.S. claims that she has incurred legal costs of $62,756. In addition she has lost $20,000 in wages.

 

Mr. T.P.S. incurred legal expenses of $76,819, though some of these may have related to issues not strictly covered by this matrimonial litigation. Ms. K.E.S. incurred legal expenses of $47,000. Both figures include the cost of the family unit assessment

 

At this point, Mr. T.P.S. incurred $9,000 in legal expenses and Ms. K.E.S. incurred $18,700 in legal expenses. This latter amount includes the cost of various court appearances required because Mr. T.P.S. was not making proper financial disclosure.

 

In regard to the legal costs incurred by Ms. K.E.S., the evidence is that she paid $10,038 to Peter Brennan in Waterloo, $9,373 to Karen Thompson in Oakville, $21,567 to Susan Von Achten in Milton, $2,453 to Ian Vallance in Ottawa, and $16,325 to Sean Jones in Ottawa.

 

 Ms. K.E.S.’s legal expenses were incurred more evenly between 2000 and 2006. It was only in the period leading up to the trial and at trial that Ms. K.E.S. was unrepresented

 

 

 

Holmes v. Holmes, 2005 CanLII 5488 (ON S.C.)

 

[10] Money that was spent foolishly on this pointless litigation could have been utilized by both of them to better their lives and the lives of their children. How this couple ended up involved in this money draining ‘sinkhole’ of litigation is truly a tragedy for them and the administration of justice

 

Even the cost submissions probably expended thousands of additional dollars, money that the parties could not afford to spend.

 

 

 

Stefureak v. Chambers, 2005 CanLII 7890 (ON S.C.)

 

3.1(c): $100,000 in Legal Costs Incurred by the Mother

[9] Although it is obscene that anyone should have to spend $100,000 in respect of a custody application (the equivalent, perhaps, of five years of university, including tuition, books, room and board), that sad fact alone does not prove the motion. (And I expect that the father has paid, or is liable to pay, a similar amount to his counsel.)

 

 

 

Gartley v. Church, 2002 CanLII 2727 (ON S.C.)

 

[1] Mr. Gartley claimed $17,000 for the overpayment of child support to Ms. Church. He recovered judgment in the amount of $4,500 after a two-day trial and seeks costs of about $27,000. Ms. Church responds with a claim for costs in her favour of more than $25,000. The costs in issue are, therefore, about three times the maximum amount in issue on the merits and more than ten times the amount of the judgment.

 

 

 

O'Reilly v. O'Reilly, 2006 CanLII 44279 (ON S.C.)

 

[1] On September 18, 2006, I issued a decision in which I ordered that Mr. O’Reilly pay child support on an interim basis in the amount of $205 based on an imputed income of $24,228 and that Ms. O’Reilly pay spousal support to Mr. O’Reilly on an interim basis in the amount of $500

 

[10] This motion was very costly to both parties: the fees and disbursements charged to Ms. O’Reilly were $32,009.73, while Mr. O’Reilly’s fees and disbursements were $33,416.61

 

 

 

Taylor v. Taylor, 2002 CanLII 44981 (ON C.A.)

 

[2] Gary L. Petker represented Ms. Taylor in an acrimonious and protracted divorce proceeding from 1996 to 2001. During that time, he billed a total of $145,404.25 in legal fees. Recognizing that the breakdown of her marriage had left Ms. Taylor in a precarious financial situation, Mr. Petker agreed to continue to act as her lawyer, as long as she made some effort to pay his fees and disbursements as the litigation progressed. He informed Ms. Taylor that all legal fees would eventually have to be paid, regardless of the outcome of the litigation. As of August 21, 2001, when Mr. Petker ceased to act for Ms. Taylor, she still owed him $112,619.21

 

 

 

Toms v. Toms, 2008 CanLII 4792 (ON S.C.)

 

[7] I asked the Respondent to provide details of the 256 hours in this matter, and I was provided with the bills sent and dockets which represented that time. I do not dispute that this time was spent, but I am still astounded that, in effect, six weeks of a year’s work time would be spent on a matter of this nature.

 

 

 

Vernon v. Vernon, 2006 CanLII 23266 (ON S.C.)

 

It would be too facile for the court to look at the Bill of Costs provided by the Respondent and simply say, “Look, the Respondent’s partial indemnity Bill of Costs amounts to $42,530, so the Applicant’s bill of $34,558 must therefore be reasonable”.

 

[14] It seems to me that neither of the Bills of Costs submitted in respect of this one-day motion is reasonable, as that concept is defined in Boucher and the cases that follow it

 

 

 

Grossi v. Grossi, 2008 CanLII 14940 (ON S.C.)

 

[2] The wife seeks costs on a substantial indemnity basis and supports this claim by asserting bad faith on the part of the husband. Her lawyer’s bill of costs totals $233,082.14, of which $128,318.97 is attributed to experts’ fees: $104,884.37 was paid to financial experts at Marmer Penner, and the balance of the experts’ fees was owed to Dr. Sarah Paikin, who treated the wife and gave evidence about her inability to work.

 

[3] The husband seeks costs or, in the alternative, seeks to have no costs awarded. His lawyer’s bill of costs totals $238,810.52, of which $71,216.71 is attributed to experts’ fees

 

 

 

Kloosterman v. Kloosterman, 2006 CanLII 35629 (ON S.C.)

 

[29] Under Rule 24 (9) of the Family Law Rules, the court may on its own initiative order that a lawyer not charge a client for certain work that may be specified in an order. In reviewing this matter, I have serious concerns that the complexity of the issues warranted a legal bill being rendered to Mrs. Kloosterman in the sum of $45,000.00. In a case where the parties do not have a lot of money, the family home is valued at no more than $100,000.00 and they have two children to support, the costs have to bear some relationship to the issues and the assets in dispute.

 

 

 

Biant v. Sagoo, 2001 CanLII 28137 (ON S.C.)

 

12 I do not know the wife’s costs, but I think it safe to estimate the costs of all three parties at a total of at least $270,000 and possibly much more

 

 

 

K.C. v. S.B., 2008 CanLII 5109 (ON S.C.)

 

[1] On January 24, 2008, I released reasons dismissing the motion brought by S.B. (hereinafter “S.B.” or “applicant”) for leave to appeal from the order of Greer J. dated May 14, 2007

 

My one concern is that the order was an interim one and the question arises as to the spending of substantial sums to maintain an interim order which will be replaced in due course by a permanent order.

 

[22] The costs of the respondent are fixed at $53,311.58, all-inclusive.

 

 

 

 

MacRae v. Simpson, 2003 CanLII 2307 (ON S.C.)

 

[2] I agree with Mr. Mamo's submission that the motion was fact driven, not particularly difficult, nor complex, especially in light of the case-law. See: Bogue v. Bogue; Bawitko v. Kernels Popcorn; Scherer v. Paletta; and Bailey v. Plaxton.

 

[3] I also agree with Mr. Mamo's view that Mr. Simpson's counsel's claim for a costs award of $27,162.49, for what was essentially a half-day motion is both "extravagant and excessive in the extreme". I adopt the observations of Marshman J. in her costs endorsement in Hamacher v. Hamacher, unreported, released March 30, 2002, London file 183/96:

"We frequently hear and read of complaints from family law litigants about the cost of litigation. Solicitors should be attuned to the cost consequences to their clients of continuing litigation. It is totally unreasonable to expend vast amounts of time of relatively minor issues…"

"…The times expended on the file were outrageous, given the issues involved and the means of the parties. For example, the solicitor suggests that 19.6 hours of solicitor's time and 4.7 hours of law clerk's time were spent on the preparation of cost submission alone. Her claim in that regard was for $3,586.50. This

represents three months of net income to her client…"

 

 

 

Budnarain v. Budnarain, 2003 CanLII 11959 (ON S.C.)

 

[4] The defendant seeks costs on a substantial indemnity scale in the amount of $16,000. This case involves the dismissal of a claim for $20,000.

 

 

 

Perry v. Perry, 2008 CanLII 19238 (ON S.C.)

 

[2] Also, her solicitor has now submitted a Bill of Costs totalling $34,970.95. In this Bill of Costs, she bills her own services at $250.00 per hour and claims to have spent 123.15 hours on the file. She further bills an assistant at $90.00 per hour for 24.6 hours and a senior assistant for .3 hours at $125.00 per hour. I am reasonably certain that it is mere coincidence that the Bill of Costs totals $34,970.95, when compared with the equalization payment awarded of $36,874.88.

 

[3] I am sure that the solicitor for the wife is aware of s.46 of The Legal Aid Services Act which indicates that any costs awarded to a legally aided client, even in excess of the costs of the services rendered, belong to Legal Aid Ontario. While it is laudable on the part of the wife’s solicitor to try and assist Legal Aid Ontario with its funding problems, I do not believe that she is entitled to the hourly rate claimed under the Legal Aid Services Act regulations. I have not researched the regulations to ascertain her hourly rate, but I do not believe that the hourly rate claimed is authorized under the Act. Nor do I believe there is provision in the Act to pay for “legal assistants” who are not lawyers or students.

 

[4] In any event, I do not believe that 123.5 hours were warranted on this file

 

 

 

Cupolo v. Anzovino, 2003 CanLII 2091 (ON S.C.)

 

[3] So I reserved on the issue of costs and invited Ms. Guarasci’s written submissions. I have now received and reviewed those submissions. And lo and behold! She has now gone from requesting $5,000 in open court to seeking $11,258.37

 

 

 

Fleming v. Lamb, 2004 CanLII 5001 (ON S.C.)

 

[10] After a two hour motion, the $1,000 becomes $10,959, a figure which I find is out of all proportion to the issue dealt with.

 

 

 

Mercieca v. Merciera, 2003 CanLII 2184 (ON S.C.)

 

[10] In passing, I am still rather puzzled by the position taken by counsel for the applicant regarding Rothgeisser, supra. She knew of a direct authority from our Court of Appeal which said that her client could not proceed under the Divorce Act. She deliberately withheld that from both the court and the respondent. After I discovered the case, she said that she could distinguish it and that it had been distinguished before. She later failed to distinguish it and she failed to produce any authority doing so. I can see no other conclusion but that her conduct is a contravention of various aspects of Rule 4 of the Code of Professional Conduct of the Law Society of Upper Canada. Whether that conduct gets reported, I will leave up to others

 

 

 

Bridgewater v. James, 2006 CanLII 38231 (ON S.C.)

 

[2] The defendant submitted a bill of costs on a partial indemnity basis totalling $63,540.71, comprised of a claim for fees totalling $50,531, before GST, disbursements of $6,972.54, inclusive of GST, and an amount of $2,500 on account of the cost submissions. However, total legal fees actually billed to the defendant totalled only $47,611.73. Accordingly, the defendant seeks costs on a partial indemnity basis that exceed the amount that represents total indemnification. This result is achieved by increasing the rates used in the calculation of the bill of costs to the maximum permissible rates under the grid.

 

 

 

Debora v. Debora, 2005 CanLII 7671 (ON S.C.)

 

[2] The wife seeks costs on a full recovery basis in the amount of $2,680,626 (which credits the husband with costs orders paid during the course of the action, including $150,000 ordered during the trial.)

 

Conclusion on costs

[48] I have also considered the factors in both Subrule 24 (11) of the Family Law Rules and Rule 57 of the Rules of Civil Procedure, R.R.O. 1990, Reg.194. Taking into consideration the factors which should reduce the costs as claimed, a fair and reasonable fee in all of the circumstances on a full recovery or substantial indemnity basis, inclusive of disbursements and a premium of $150,000, is $2.25 million plus GST.

 

 

 

Baker v. Wynter, 2006 CanLII 29657 (ON S.C.)

 

[4] Given that the amount in issue in this proceeding was $20,000.00, the costs sought, even adjusted to a partial indemnity scale, are beyond what an unsuccessful party could reasonably expect to pay in relation to the proceeding.

 

 

 

Gill v. Knack, 2007 CanLII 1332 (ON S.C.)

 

[1] Both the applicant and the respondent claim entitlement to costs in this matter. The only issue actually argued before the court, other than costs, was the issue of where the child would spend Christmas Eve. This was determined by the court by having the child spend alternating Christmas Eves with each parent, beginning in 2006 with Mr. Knack.

 

Notwithstanding the confusion over the overpayment of child support and the attitude taken by the parties, the court can only point out that the $10,000.00 approximately in costs sought by both parties in total could have been used much more properly to the benefit of their child.

 

 

 

Hart v. Hart, 2003 CanLII 2130 (ON S.C.)

 

[19] I have been asked, by each party, to make a costs award against the other, in the magnitude of thousands and thousands of dollars (wife seeking $43,080.00 – husband seeking award based on expenditure of 214.4 hours, and $1,183.24 in disbursements). The trial hearing, and my reasons, demonstrate convincingly that both litigants are of extremely modest means and have no ability to pay, or to gather together, anything approaching the amount requested to satisfy a costs award.

 

[20] Any such award, in the amount requested, would be a paper award only – or would lead the parties to a second bankruptcy. More importantly, a costs award of such a magnitude would seriously affect both parent’s ability to provide an appropriate upbringing for Benjamin, having regard to his present needs, and to his future educational costs.

 

 

 

 

 

L.J.J.C. v. V.S.C., 2006 CanLII 21777 (ON S.C.)

 

[2] On February 14 the parties appeared before me and made submissions as to costs. Mr. L.J.J.C. has provided me with a cost outline claiming the total amount of $50,501.54.

 

[3] At various stages throughout this long and bitter proceeding, both parties, or at times one of them, was represented by counsel. At the time of trial Mr. L.J.J.C. appeared