Chris Arnold

The court determined the costs payable following a motion arising after an earlier order directing the sale of property.

The responding party sought partial indemnity costs of approximately $4,282 for the subsequent motion, while the opposing party argued that only $1,000 was appropriate.

The court held that the conduct of the opposing party after the initial order made the second motion necessary and that the moving party was entitled to costs.

However, the court found the claimed amount excessive for a straightforward matter and assessed partial indemnity costs at approximately 55% of reasonable actual costs.

Costs were fixed at $1,500 inclusive of disbursements and HST.

The parties disputed the sale of jointly owned property following a prior court endorsement directing that the property be listed for sale and allowing the respondent to make a commission‑free offer.

Instead of listing the property, the applicant engaged in a series of counteroffers with the respondent and ultimately attempted to accept her own higher bid.

The court found that the applicant disregarded the previously ordered sale procedure and failed to approach the court with clean hands.

The court held that the respondent’s earlier offer constituted the “first reasonable offer” contemplated by the prior endorsement and ordered that the transaction proceed on that basis, subject to closing and accounting arrangements.