I. Iwasykiw

The applicant brought an application seeking to force the respondent rescue organization to allow her to adopt a dog, claiming a contract had been formed.

The applicant failed to file any materials and abandoned the application on the return date.

The respondent sought its costs.

The court found the applicant's conduct in issuing the application to intimidate the respondent was vexatious and improper.

The court awarded the respondent costs fixed at $5,000 on a partial indemnity basis.

Following the dismissal of the plaintiff's $1,000,000 action, the court determined the costs payable to the successful defendants.

The defendants had served an offer to settle for $5,000 which was not accepted.

Applying Rule 49, the court awarded the defendants partial indemnity costs up to the date of the offer and substantial indemnity costs thereafter, fixing the total costs at $40,701.10 inclusive of disbursements and HST.