I.W. André

Following a successful summary judgment motion dismissing a collection action as statute-barred under the two‑year limitation period, the defendants sought costs of $17,047.26 on a partial indemnity basis.

The court considered the governing principles under s. 131 of the Courts of Justice Act and Rule 57.01 of the Rules of Civil Procedure, including fairness, reasonableness, and proportionality.

The judge found the claimed amount excessive given the simple nature of the statute‑bar issue and the approximately 90 hours of legal work performed.

The court also noted that the defendants’ conduct had fostered the impression that payment would eventually be made and that they had already received insurance compensation related to the underlying loss.

Costs were therefore reduced and fixed at a lower amount.

The respondent in a family law proceeding brought a motion seeking rescission or variation of an interim support order and requesting that child and spousal support arrears be fixed at zero and paid from the proceeds of the sale of the matrimonial home.

The applicant opposed and brought a cross‑motion seeking to prevent the motion from being heard due to the moving party’s failure to comply with prior costs orders and requesting payment of legal, accounting, and dental expenses from the trust funds.

The court exercised discretion to hear the motion despite non‑compliance with prior cost orders but declined to rescind the interim order entirely.

The court found insufficient evidence to eliminate support arrears and expressed serious concerns regarding the moving party’s financial disclosure and credibility.

Support obligations were varied based on declared income, arrears were not extinguished, and certain legal, accounting, and dental expenses were ordered paid from trust funds.

Following the dismissal of a motion seeking consolidation of an action and an application concerning ownership of a cottage, the court determined the appropriate costs payable to the successful defendants.

Applying s. 131 of the Courts of Justice Act and Rule 57.01 of the Rules of Civil Procedure, the court emphasized that costs must be fair and reasonable rather than reflective of actual legal expenses.

The court assessed the roles played by counsel, the relative simplicity of the motion, and the absence of extensive responding materials.

Several defendants were awarded reduced partial indemnity costs reflecting their limited participation, while the defendant who prepared the principal responding materials received a higher award.

The unsuccessful moving party was ordered to pay the fixed costs to each successful defendant within ninety days.

The defendant moved to vacate Certificates of Pending Litigation obtained by the plaintiff on an ex parte basis over two properties.

The court held that a party seeking ex parte relief must make full and frank disclosure of all material facts.

The plaintiff failed to disclose a prior divorce settlement in which he had disclaimed any trust interest in the properties and misrepresented the contents of a lawyer’s letter regarding potential sale of the land.

These omissions and misrepresentations were material and could have influenced the original ex parte decision.

The court therefore set aside the order permitting the certificates, but required that 50% of the gross sale proceeds of the properties be paid into court as security pending resolution of the ownership dispute.