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The court awarded $20,000 in full indemnity costs to the respondent following a finding of bad faith.
This costs endorsement followed a successful summary judgment motion brought by Ms. Tassone, dismissing Mr. Tozer's application to set aside a Separation Agreement.
Ms. Tassone sought full indemnity costs of $40,203.68.
The court found Mr. Tozer acted in bad faith and that Ms. Tassone was entitled to costs on a full recovery basis from the date of her offer to settle.
However, the court found Ms. Tassone's claimed costs excessive and unreasonable due to lack of particularization, undated items, and excessive charges.
The court fixed costs at $20,000 inclusive, to be paid by Mr. Tozer.
Summary judgment granted enforcing a separation agreement; claims of material non-disclosure dismissed.
The respondent brought a motion for summary judgment to enforce a separation agreement, under which the applicant owed her a balance of over $3.1 million.
The applicant sought to set aside the agreement, alleging material non-disclosure of the respondent's business assets and development projects.
The court found no evidence of material non-disclosure, noting the applicant had a general awareness of the assets and had failed to disclose the full value of his own assets prior to mediation.
Finding no genuine issue requiring a trial, the court granted summary judgment in favour of the respondent and dismissed the applicant's motion to consolidate proceedings.
