H. J. Williams J.

Following a five-day family law trial where the applicant was almost entirely successful, she sought costs.

The self-represented respondent did not file responding submissions.

The court found the respondent's behaviour during the litigation to be highly unreasonable, though not amounting to bad faith, as he failed to produce documents, reneged on a settlement, and prolonged the trial.

The court ordered the respondent to pay costs to the applicant in the all-inclusive amount of $26,173.99.

The defendant landlord brought a motion for summary judgment to dismiss the plaintiff tenant's claim for negligent misrepresentation regarding building occupancy levels prior to signing a commercial lease.

The defendant argued the claim was statute-barred and precluded by an entire agreement clause.

The court dismissed the motion, finding a genuine issue requiring a trial regarding when the plaintiff discovered the loss or damage for limitation purposes.

The court also declined to grant summary judgment based on the entire agreement clause, reasoning that doing so while the defendant's counterclaim for rent arrears proceeded to trial risked inconsistent findings and substantive injustice.