2 total
Refusals motion decided; deed of settlement ordered produced to challenge trustees' standing to evict respondent.
The applicants and respondent brought cross-motions for refusals arising from cross-examinations in an application to evict the respondent from his parents' former home.
The applicants brought the application as trustees of an alter ego trust.
The court ordered the applicants to produce the trust's deed of settlement as it was foundational to their standing, but declined to order production of the mother's will or medical records.
The respondent was ordered to produce his ODSP statements, tax returns, and available receipts to support his claim of financial dependence.
Court orders personal costs against lawyer for unnecessarily escalating incapacity litigation.
Following a consent order resolving an application concerning incapacity and powers of attorney, the court determined the issue of costs.
The applicant sought costs and requested that opposing counsel personally pay costs under Rule 57.07(1) of the Rules of Civil Procedure.
The court found the applicant had substantially succeeded and concluded that the respondents and their counsel had acted improperly by attempting to obtain new powers of attorney despite evidence of incapacity and by advancing positions that unnecessarily escalated the litigation.
The court fixed substantial indemnity costs and held that counsel for the respondents had caused unnecessary costs through improper advice and litigation conduct.
Costs were ordered against the respondents, with 25% payable personally by their lawyer.
