E. Berlin

The applicant sought costs for an ex-parte motion where she obtained Certificates of Pending Litigation on five properties.

The court declined to award costs, finding that the urgency of the ex-parte motion was overstated, the applicant had not requested voluntary preservation prior to moving without notice, and the respondent acted reasonably by consenting to the certificates remaining on title once notified.

The plaintiff brought a motion for contempt of court, alleging the defendants breached interim and interlocutory orders by continuing to cut down trees on the leased property and posting defamatory videos online.

The court applied the three-part test for civil contempt and found beyond a reasonable doubt that the defendants intentionally breached the clear and unequivocal orders.

The defendants were given an opportunity to purge their contempt by complying with the orders and removing all offending videos, failing which they could face incarceration or eviction.

The defendants' counterclaim was stayed pending compliance.