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Court declines to award costs where counsel error created dispute despite applicants’ success.
Following earlier reasons amending an order under the slip rule, the court addressed competing claims for costs.
The applicants sought partial indemnity costs after succeeding on the motion to correct the order, while the respondent sought substantial indemnity costs and personal costs against opposing counsel under Rule 57.01 and Rule 57.07.
The court declined to revisit the merits of the slip issue despite further submissions from the respondent.
Applying the principles governing personal costs against counsel, the court found the case did not meet the high threshold for such relief and that the respondent had largely been unsuccessful.
Given that the applicants’ counsel created the error necessitating the motion and contributed to unnecessary conflict, the court also declined to award costs in the applicants’ favour.
Court corrects drafting slip in prior order under Rule 59.06.
The applicants brought a motion under Rule 59.06(1) of the Rules of Civil Procedure seeking to amend a prior order on the basis that it contained an accidental slip.
The earlier order, which permitted payment of mortgage funds into court and directed a trial of issues, mistakenly referred to “other monies,” which the respondent argued entitled her to withdraw the full amount paid into court before trial.
The court found that the word “other” was a drafting error copied from an alternative draft order and did not reflect the manifest intention of the original judge.
The court held that the funds were intended to remain as security pending trial rather than an admission of liability.
The order was varied to remove the erroneous wording, the respondent’s cross‑motion was dismissed, and the respondent was permitted to withdraw only the undisputed portion of the mortgage debt.
