Christine Kucey

Following the dismissal of the plaintiff's action on a motion for summary judgment based on res judicata, the successful defendant sought costs on a substantial indemnity basis.

The defendant relied on an offer to settle for a dismissal without costs and alleged the plaintiff made unproven allegations of dishonest conduct.

The court declined to award elevated costs, finding the plaintiff's response to the motion was reasonable and her allegations were relevant to the context of the motion.

The defendant was awarded partial indemnity costs fixed at $9,600.

The defendant moved for summary judgment to dismiss the plaintiff's civil claim for the return of approximately $190,000 transferred during their relationship.

The defendant argued the claim was barred by res judicata, as the issue of the unreturned money was raised and determined in their prior family law trial regarding spousal support.

The court granted the motion, finding that both issue estoppel and cause of action estoppel applied.

The court declined to exercise its discretion to relieve against the operation of res judicata, emphasizing the importance of finality in family law proceedings and preventing duplicative litigation.