2010 ONSC 6791, 2010 ONSC 6791

CITATION : Blanchet v. Blanchet, 2010 ONSC 6791 COURT FILE NO.: 695/98 DATE: 20101210 SUPERIOR COURT OF JUSTICE - ONTARIO RE: SHARON BLANCHET, Applicant AND: JOCELYN BLANCHET, Respondent BEFORE: THE HON. MADAM JUSTICE E.A. QUINLAN COUNSEL: J. Craig, Counsel, for the applicant D.M. Winnitoy, Counsel, for the respondent HEARD: By Written Submissions COSTS ENDORSEMENT BACKGROUND [ 1 ] The respondent, Jocelyn Blanchet, brought a Motion to Change in which he sought to terminate child and spousal support. Both parties agreed that child support be terminated as of September 2007.

The issue argued before me was the termination of spousal support. [ 2 ] The applicant was successful in defending the motion. The judgment matches the applicant’s Offer to Settle. [ 3 ] The applicant seeks partial indemnity costs to the date of the offer and full indemnity costs thereafter in the amount of $6,336.08. [ 4 ] The respondent takes the position that this was not a complex or difficult issue.

The parties acted reasonably with respect to the preparation of succinct material, attending a case conference and having the matter to proceed to argument, which argument lasted approximately one hour. [ 5 ] The respondent argues that the time spent in the preparation of pleadings, Factum and Book of Authorities by the applicant was excessive. The respondent asks that costs be fixed in the amount of $3,500 inclusive of disbursements and HST.

ANALYSIS [ 6 ] Given her success, the applicant is presumptively entitled to her costs. [ 7 ] Because of her offer, unless the court orders otherwise, Rule 18(14) of the Family Law Rules provides that the applicant is entitled to costs to the date the offer was served and full recovery of costs from that date. [ 8 ] The issue before me was not complex or difficult, however it was important to the parties.

Both parties acted reasonably in their conduct of the case. [ 9 ] The only matter for me to consider is whether the time spent by the applicant was excessive. [ 10 ] A review of the Bill of Costs provided by the applicant discloses 2.5 hours for preparation of pleadings, case conference brief and motion materials. I do not find this to be excessive. [ 11 ] Legal research and preparation of Factum and Book of Authorities required 4.5 hours. Preparation of motion materials took 1.5 hours. The Factum was of great assistance to the court. The argument (by both sides) was thorough and succinct.

I expect that the preparation contributed to the presentation, thus assisting in a focused argument and less use of judicial resources. I find the time for preparation of materials is reasonable. [ 12 ] Accordingly, I order the respondent Jocelyn Blanchet to pay to the applicant Sharon Blanchet costs for the Motion to Change in the amount of $6336.08 inclusive of disbursements, GST and HST.

QUINLAN, J. Date: December 10, 2010