This is a costs endorsement following the dismissal of an urgent motion brought by the applicant, Daniel Kirk Howard, to set aside a prior endorsement by Justice Tweedie, alleging fraud on the part of the respondent, Teaha Adele Howard.
The court dismissed the fraud allegation in a previous endorsement, finding the evidence unconvincing.
In this costs decision, the court found that the applicant's unsubstantiated fraud allegation constituted bad faith, attracting full recovery costs for the respondent.
Despite the respondent's entitlement to full recovery, the court applied principles of reasonableness and proportionality, reducing the claimed amount.
The applicant was ordered to pay $17,500 inclusive of HST and disbursements to the respondent.
