Clemens Eggert

The applicant sought costs of over $20,000 following the respondent's motions, which were largely abandoned at the hearing without proper notice.

The respondent argued costs should be fixed at $1,000 and reserved to the trial judge.

The court noted the respondent's failure to update the confirmation of motion and unreasonable refusal of the applicant's offer to adjourn the motions sine die.

Applying principles of proportionality and reasonableness, the court awarded the applicant fixed costs of $7,000 inclusive of disbursements and HST, payable forthwith.

Respondent parents sought costs on a substantial indemnity basis against the Children's Aid Society following dismissal of a child protection application.

The Society had brought proceedings alleging the child was at risk of emotional harm due to exposure to the father's alleged criminal behavior.

The Office of the Children's Lawyer's investigation ultimately supported the parents' position that the child was not in need of protection.

The court dismissed the costs claim, finding the Society had conducted a thorough investigation, remained open-minded, reassessed its position as information became available, and acted respectfully toward the parties.

The court held that costs against child protection agencies should only be awarded where the public would perceive the Society acted in a patently unfair and indefensible manner, a threshold not met in this case.

In a long-running access road dispute, the appellant challenged an order requiring removal of gravel placed on the respondents' property.

The court held that the proposed fresh evidence did not meet the established admissibility requirements.

However, the appeal succeeded because the record was insufficient to permit summary judgment on whether the work performed complied with an earlier order governing repair and maintenance of the access road.

The order below was set aside and the underlying motion was dismissed with costs.