2013 ONSC 1418, 2013 ONSC 1418

CITATION : Davy v. Simon, 2013 ONSC 1418 COURT FILE NO.: 6603/11 DATE: 20130307 SUPERIOR COURT OF JUSTICE - ONTARIO RE: Marie Davy v. Duane Simon BEFORE: Fragomeni J. COUNSEL: Marie Davy, on her own behalf Duane Simon, on his own behalf E N D O R S E M E N T RE COSTS [ 1 ] The Applicant mother sought the following relief at the motion: (1) guideline child support in the amount of $1,284 per month retroactive to October 1, 2011 (2) that the arrears accumulated from October 1, 2011 to the present be paid immediately

(3) section 7 expenses in the sum of $277 per month retroactive to October 1, 2011 (4) that the

section 7 arrears accumulated from October 1, 2011 to present be paid immediately (5) that on an ongoing basis the Respondent Duane Simon (Simon) pay his proportionate share of the child’s extraordinary expenses related to Tae Kwon Do, swimming, skiing and hockey lessons. [ 2 ] The order made was as follows:

(1) That commencing October 1, 2011 and payable monthly thereafter, the Respondent father shall pay to the Applicant mother for child support for Daniel Simon born on December 10, 2004, the sum of $1,263.00 per month based on the Respondent’s gross annual income of $150,000.00. The amount owing from October 1, 2011 to January 1, 2013 in the sum of $7,408.00 shall be paid to the Applicant mother forthwith.

(2) With respect to the

Section 7 expenses, the Respondent father shall pay his pro-rata share of the following s. 7 expenses, commencing October 1, 2011: (

a) all expenses relating to the Tae Kwon Do, including the cost of equipment, uniform and belt testing;

(

b) all expenses relating to the before and after school program offered through the Y at the school; (

c) all expenses relating to the summer camp; (

d) with respect to the expenses set out in (a), (

b) and (c), the mother shall provide to the father any and all documentary proof and verification of all of the expenses; (

e) the Respondent father’s pro-rata share of these s. 7 expenses is based on his gross annual income of $150,000.00 and the Applicant mother’s gross annual income of $83,405. (

f) The amount of these s. 7 expenses owing from October 1, 2011 to January 1, 2013 shall be paid to the Applicant mother forthwith. [ 3 ] I am satisfied that the mother was successful at the motion. [ 4 ] Rule 24(1) of the Family Law Rules states: 24.

(1) There is a presumption that a successful party is entitled to the costs of a motion, enforcement, case or appeal. O. Reg. 114/99, r. 24 (1) . [ 5 ] The mother seeks costs in the total sum of $1,953 which includes the following: preparing, serving and filing documents; ADR; consultation with duty counsel; mediation; settlement conference including a day off work to attend; motion preparation; attendance at motion including one half day off work. [ 6 ] With respect to the settlement conferences, on June 3, 2012 the settlement conference had to be adjourned as Mr.

Simon was not properly served with the settlement conference brief. Costs were awarded to him in the sum of $100.00. Ms. Davy is not therefore entitled to costs of this attendance. [ 7 ] On July 13, 2012 a settlement conference was held. The endorsement is silent on the issue of costs. Ms. Davy is not entitled to now claim costs of this attendance. [ 8 ] I am satisfied that Ms. Davy is entitled to partial indemnity costs relating to the preparation serving and filing of the motion material; preparation for and attendance at the hearing of the motion.

In arriving at a reasonable amount I did take into consideration the financial obligations and responsibilities of the Respondent as a result of this order. [ 9 ] I am satisfied that a reasonable amount would be $750.00. [ 10 ] Order to issue that the Respondent pay to the Applicant. Marie Davy, her costs fixed in the all inclusive sum of $750.00. ___________________________ Fragomeni J. DATE: March 7, 2013 CITATION : Davy v. Simon, 2013 ONSC 1418 COURT FILE NO.: 6603/11 DATE: 20130307

SUPERIOR COURT OF JUSTICE - ONTARIO RE: Marie Davy v. Duane Simon BEFORE: Fragomeni J. COUNSEL: Marie Davy, on her own behalf Duane Simon, on his own behalf ENDORSEMENT RE COSTS Fragomeni J. DATE: March 7, 2013