In this family law costs decision, a corporate respondent sought costs after obtaining dismissal of the application against it on a motion akin to summary judgment.
The court held that the applicant's pleadings disclosed no cause of action against the corporation and that its continued joinder and compelled participation were unreasonable, but also found the corporate respondent overreached by seeking a dismissal that would effectively bar future properly pleaded claims.
Applying the Family Law Rules costs framework, the court treated success on the motions as divided and rejected full recovery.
Partial recovery costs of $9,850 plus HST were awarded, payable within 90 days.
