James Carpino

The respondent brought a motion for the pre-trial sale of the jointly owned matrimonial home under the Partition Act.

The applicant brought a cross-motion for exclusive possession of the home under the Family Law Act until the parties' children graduated from high school.

The court found that the applicant failed to establish a prima facie case for exclusive possession that would defeat the respondent's presumptive right to a sale.

The court noted the high-conflict nature of the parties' current living arrangement on the same property and concluded that a sale was in the best interests of the children.

The motion for sale was granted and the cross-motion for exclusive possession was dismissed.

The Plaintiff sought substantial indemnity costs after successfully proving copyright infringement and being awarded statutory damages.

The Defendants argued for no costs or their own costs due to the Plaintiff's limited success and failure to accept their settlement offer.

The court awarded the Plaintiff partial indemnity costs of $30,000, finding that neither party's settlement offer triggered Rule 49.10 consequences and adjusting the Plaintiff's claimed costs for reasonableness and proportionality.