Garth Dingwall

The applicant sought costs of $17,440.19 for a motion to consolidate civil and family proceedings.

The parties reached a consent agreement on the day of the motion.

The court found the motion was premature and could have been avoided if counsel had conferred in advance.

However, the respondents failed to comply with the rules by not filing responding materials or filing them late.

The court awarded reduced costs of $4,500 to the applicant, payable equally by the respondents.

Following a successful application regarding the interpretation of a commercial contract for the development of a non-profit cemetery, the applicant sought costs of $45,891.90 on a partial indemnity basis.

The respondent argued that no costs should be awarded or, alternatively, that costs should be capped at $20,000.

The court rejected the respondent's arguments against awarding costs, noting the applicant was wholly successful.

Applying the factors under Rule 57.01(1) and the principle of proportionality, the court fixed the applicant's costs at $35,000 inclusive of disbursements and HST.

The applicant, a non-profit corporation, brought an application to interpret an agreement regarding the development and management of a cemetery for the Sunni Muslim community.

The court found that the agreement granted the applicant the right to set its own price list for its designated phase of the cemetery.

Furthermore, the court held that the Care and Maintenance Fund (CMF) contributions under the Funeral, Burial and Cremation Services Act must be calculated based on the applicant's lower price list, and that certificates of interment rights are to be issued as individual plots are transferred, rather than all at once.