The applicant commenced an application that was abandoned after early case management teleconferences.
The respondent sought approximately $8,000 in costs for the abandoned application.
The Divisional Court noted that its practice is not to award costs for case management attendances unless there is litigation misconduct, and the case management judge had not awarded costs.
Finding the respondent's costs claim unreasonable and excessive for the minor steps taken, the court declined to award any costs for the abandoned application or the costs motion.