2 total
No costs awarded where success on interim parenting motions was divided and offers to settle were not beaten.
The parties sought costs following a motion and cross-motion regarding interim custody, parenting time, and the release of funds from the sale of the matrimonial home.
The court found that success on the motions was divided, as neither party achieved a result as favourable as their position on the main issue of parenting arrangements.
Although the applicant made an offer to settle, he did not obtain a result as favourable as the terms of the offer.
Consequently, the court ordered that there be no order as to costs.
Marina liable for commercially unreasonable sale of vessel and defective notice under RSLA.
The applicants sought damages after the respondent marina sold their stored vessel for $2,000 to cover alleged storage arrears.
The court found that the respondent failed to comply with the notice requirements under the Repair and Storage Liens Act, having sent notice to the wrong address and improperly claiming interest.
Furthermore, the sale price of $2,000 was commercially unreasonable given the vessel's appraised value of $46,750.
The court awarded the applicants damages totaling $60,863.05 for the loss of the vessel, personal property, and related expenses.
