Charles M. Gibson

The defendant sought costs after successfully setting aside an ex parte interim interlocutory Mareva injunction obtained by the plaintiffs.

The plaintiffs argued that costs should be determined after trial or awarded in the cause.

Applying the factors under Rule 57 of the Rules of Civil Procedure, the court considered success, the complexity of Mareva injunction proceedings, and the plaintiffs’ decision to proceed without notice despite the absence of urgency.

While the defendant sought substantial indemnity costs, the court held that the plaintiffs’ motion was not entirely groundless and awarded costs on a partial indemnity basis.

Costs of $17,000 inclusive of disbursements and HST were ordered payable in any event of the cause to preserve the plaintiffs’ access to justice.

The plaintiffs sought to continue an interim ex parte Mareva injunction freezing the defendant father’s assets in a civil action alleging long‑term physical and emotional abuse and seeking $7.65 million in damages.

The defendant moved to set aside the injunction, denying the allegations and disputing claims that he intended to dissipate assets.

The court applied the test for Mareva injunctions requiring a strong prima facie case, assets within the jurisdiction, and a real risk of asset dissipation.

The evidence supporting the abuse allegations consisted largely of contradictory affidavits and lacked independent corroboration, raising credibility issues that could only be resolved at trial.

The court held that the plaintiffs failed to establish a strong prima facie case and therefore set aside the interim Mareva injunction.