B. Harasym

The applicants brought a motion to compel an expert witness, retained by the respondent SORE, to answer questions refused during cross-examination on his affidavit.

The underlying application sought to quash municipal instruments authorizing Notices of Intention to Designate the applicants' property under the Ontario Heritage Act.

The refused questions related to statements the expert made alleging the applicants engaged in 'demolition by neglect'.

The court granted the motion, finding the questions had a semblance of relevance to the issues in the application and the credibility of the expert's evidence, and did not constitute an abuse of process.

The applicant moved for costs following a successful motion for directions regarding her late husband's estate.

She sought full indemnity costs of $47,000 or substantial indemnity costs of $42,000, while the respondents argued for partial indemnity.

The court noted the respondents irresponsibly pursued an unmeritorious claim, wasting estate assets.

The court awarded the applicant generous partial indemnity costs fixed at $35,000, payable jointly and severally by the respondents.