Andrea Rose Acri

This costs endorsement follows a prior decision where the Intervenors' motion to stay proceedings against the Respondent, William Ndze Fuhgeh, was granted.

The Intervenors sought full indemnity costs, while Mr. Fuhgeh sought costs for minor successes on his cross-motion.

The court found the Intervenors were the successful party and presumptively entitled to costs, despite not achieving their primary relief.

The court awarded partial indemnity costs to the Intervenors, reducing their claim for time spent on the unsuccessful dismissal argument and preparation for a one-hour motion.

Mr. Fuhgeh's request for costs was denied, and his affidavit regarding financial hardship was not accepted as a shield against costs.

The appellant sought to overturn a motion judge's decision to amend prior court orders, arguing that an equalization payment of $280,000 was still owed despite a subsequent settlement agreement.

The Court of Appeal affirmed the motion judge's finding that the final settlement agreement, which divided funds from the matrimonial home sale, was intended to settle "all outstanding issues," including the equalization payment.

The court applied the "officious bystander test" and common sense to conclude that the equalization payment was implicitly offset by other amounts owed, dismissing the appeal.

This costs endorsement relates to an appeal from a summary judgment decision in a child protection application.

The intervenor, Ms. Renatta Austin, sought costs on a substantial indemnity basis after successfully defending against serious, unwarranted, and reckless allegations of professional impropriety and ineffective assistance of counsel made by the appellant.

The court found that such allegations, unsupported by evidence, warranted an award of costs despite the general presumption against costs in child protection matters and the appellant's limited financial means.

The court emphasized the need to deter unfounded attacks on lawyers, particularly those providing access to justice in difficult cases.

Costs were awarded to the intervenor against the appellant.