D.L. Arbesman

The court determined costs following earlier rulings on competing motions brought by the parties.

After reviewing written submissions, the court concluded that success on the motions was divided and that the litigation history reflected extensive lack of cooperation among the parties.

The court therefore declined to award costs and ordered that each party bear their own costs.

The judge also addressed submissions concerning remarks made by defence counsel impugning opposing counsel’s professionalism, cautioning that such conduct could justify solicitor-client costs in future if warranted.

The respondent brought a motion seeking an adjournment of an application.

During the hearing, counsel for both parties raised objections concerning the admissibility of statements contained in affidavits filed by the parties.

The court noted the requirements under Rule 39.01(5) of the Rules of Civil Procedure governing affidavits on applications, including limits on hearsay, opinion evidence, legal argument, and statements based on information and belief.

The court declined to strike any affidavit paragraphs at this stage and held that the motions judge hearing the application would determine the admissibility or weight of the impugned statements at the hearing.

The application was adjourned and the treatment of affidavit evidence left to the discretion of the motions judge.