Gigi Constanzo

This is a costs decision following an application where the applicant largely succeeded in obtaining declaratory relief regarding an unrestricted right of way, despite overreaching in other claims.

The respondents' unreasonable legal position necessitated the application.

The court found that costs should follow the event, entitling the applicant to costs, but declined to award substantial indemnity due to the applicant's overreaching and abandoned claims.

Costs were fixed at $20,000.00, inclusive of fees, disbursements, and HST, payable by the respondents.

This case involved a dispute between neighbours over the use and scope of a registered right of way over the respondents' laneway, which provided access to the applicant's property.

The applicant sought declaratory relief to affirm her rights, while the respondents sought to limit the right of way's use and alleged overburdening.

The court clarified that the right of way was a general right of access for the owner and authorized guests, not personal, and that neither party could unreasonably obstruct it.

Damages were denied due to insufficient evidence and both parties having taken unreasonable positions.