2010 ONSC 6458, 2010 ONSC 6458

CITATION: Larouche v. Dvernichuk, 2010 ONSC 6458 OSHAWA COURT FILE NO.: 1602-00 DATE: 20101123 SUPERIOR COURT OF JUSTICE - ONTARIO RE: MARIO LAROUCHE, Applicant AND: GLORIA DVERNICHUK, Respondent BEFORE: THE HON. MR. JUSTICE J.R. McISAAC COUNSEL: Applicant, Self-represented Respondent, Self-represented HEARD: By written submissions of the Respondent COSTS ENDORSEMENT [1] The respondent was completely successful in her defence of the applicant’s Motion to Change in relation to child support. Inthose circumstances, she is presumptively entitled to her costs: see rule 24(1) Family Law Rules. She seeks full indemnity under twoseparate headings: (

i) indemnification in the amount of $6,091.30 for legal fees incurred pre-trial; and (ii) self-representation costs for four days of trial in the amount of $1,000. The applicant has ignored the invitation to file his own submissions on costs. [2] I am satisfied that the respondent should receive full indemnity in relation to her claim for indemnification for pre-trial legalfees. The applicant failed to file documentation at trial detailing business expenses. As such, he was in fundamental breach of therequirements of Rule 13 of the Family Law Rules.

In my view, this default constituted bad faith and justifies an award of full indemnity. [3] I am not satisfied the respondent should receive any award for her four days of self-representation at trial. Her attendancewas required in any event and she has already benefitted from the pre-trial preparation by retained counsel: see F. (J.) v. C. (V.), (ON SC), [2002] O.J. No. 608 (S.C.J.). [4] In the result, the respondent is awarded costs in the amount of $6,091.30. McISAAC J. Date: November 23, 2010