VOE v LLE, 2018 ABQB 1032

Court of Queen’s Bench of Alberta Citation: VOE v LLE, 2018 ABQB 1032 Date: 20181218 Docket: 4801 150326 Registry: Calgary Between: V.O.E Applicant - and - L.L.E Defendant _______________________________________________________ Endorsement on Costs of the Honourable Madam Justice J.A. Antonio _______________________________________________________ [ 1 ] Following my ruling on the child support application in VOE v LLE ¸ 2018 ABQB 940 , I invited the parties to provide written submissions on costs. They agreed to and complied with this procedure. [ 2 ] Ms.

I submits that, as the successful party, she should receive costs of the application. She submits that Mr. E “ought to have admitted that the standard of living in his household was absolutely not commensurate with that of a person earning approximately $30,000 per year, notwithstanding the finding of Mr. Das.” She further submits that overall this litigation has been protracted and costly, and that as a stay-at-home mother the consequence to her his significant. She seeks costs of $2,500 or more.

[ 3 ] Relying in part on paragraph 45 of my substantive reasons, Mr. E submits that he should not be held responsible for the errors made by Mr. Das, which he says necessitated this contested application. He further submits that he paid over $46,000 for Mr. Das’ report, while Ms. I contributed only $1500. He asks that each party bear his or her own costs of the application, or that if he is required to pay costs, they be no more than $1,000 as prescribed at Item 8(1), Column 1 of

Schedule C of the Rules of Court. Mr. E also asks for $150 in costs to reflect his appearance to obtain a fiat that he says arose from some procedural non-compliance by Ms. I. [ 4 ] Mr. Das’ errors are not Mr. E’s responsibility, but his litigation position is. It is obvious that his income vastly exceeded the amounts in Mr. Das’ report. By insisting that child support should be paid in an amount commensurate with Mr. Das’ figures, Mr. E was taking a faint-hope shot at avoiding his child support responsibilities. His position was unsustainable in law or fact. [ 5 ] I award Ms.

I her costs of $1500 for the child support application, payable by Mr. I forthwith. [ 6 ] I lack the information to determine whether costs should be awarded for Mr. I’s fiat. Therefore I dismiss his claim for costs. [ 7 ] Counsel for Ms. I has advised me that he has proposed a new expert to replace Mr. Das, but that Mr. E has not responded. I direct that if no agreement has been reached on this point by January 18, 2019, either party may apply to any Justice of this Court for relief. Dated at the City of Calgary, Alberta this 18 th day of December, 2018. J.A. Antonio J.C.Q.B.A.

Appearances: V.O.E Self-Represented Litigant Logan Kachur for the Defendant