O’Toole v. O’Toole, 2024 BCSC 164

IN THE SUPREME COURT OF BRITISH COLUMBIA Citation: O’Toole v. O’Toole, 2024 BCSC 164 Date: 20240201 Docket: E123768 Registry: Vancouver Between: John Joseph O’Toole Claimant And Catherine Agnes O’Toole Respondent Before: The Honourable Mr. Justice Doyle Reasons for Judgment on Costs Counsel for the Claimant: J. Dreyer The Respondent on her own behalf: C. O’Toole Written Submissions of the Claimant: January 24, 2024 Written Submissions of the Respondent: January 12, 2024 Place and Date of Judgment: Vancouver, B.C.

February 1, 2024 [ 1 ] On December 21, 2023, I provided oral reasons dismissing the claimant’s application to suspend spousal support payments to the respondent (the “Application”). [ 2 ] At that time, I requested that the parties provide written submissions on costs: the claimant by January 8, 2024 and the respondent by January 15, 2024. [ 3 ] The respondent filed her submissions on January 12, 2024, with the claimant filing his, with leave, on January 24, 2024. [ 4 ] Both parties agree that the respondent should receive her costs of the Application, though they differ on the amount. [ 5 ] The respondent seeks costs for four half-days at $1,000.00 per day (tariff item 4), plus $250.00 for each of tariff items 8 and 9 (Appendix B of the Supreme Court Family Rules , B.C.

Reg. 169/2009 [ Rules ]). [ 6 ] The claimant submits that costs to the respondent should be for one half-day, for $1,000.00 (plus GST and PST of $120.00) and $200 for various filings, for a total of costs and disbursements of $1,320. [ 7 ] The matter was first before me on July 26, 2023. At my request for an update regarding the relevant labour dispute, the parties filed further materials and made further submissions before me on December 11, 2023.

On both dates, substantive submissions were prepared for and made. [ 8 ] The matter was set for reasons on December 20, 2023, but I raised one further issue with the parties on that day, then provided my reasons on December 21, 2023. [ 9 ] Having had the benefit of submissions by the parties, and further to Rule 16-1(14) of the Rules , I award costs of the Application to the respondent. [ 10 ] The matter was of ordinary difficulty. [ 11 ] I award costs for the 2 half-days of July 26, 2023 and December 11, 2023 (tariff item 4) and thus fix the total amount as $2,000 (plus GST and PST).

I exclude from the award costs for the appearances of December 20 and 21, 2023, given the nature of those appearances. [ 12 ] Further, I award disbursements of $200.00 for various filings.

[ 13 ] I make no costs award for the claim of the respondent pursuant to tariff items 8 and 9. “Doyle J.”