The Respondent sought costs arising from two motions: a long motion that settled and an urgent motion where the Respondent was wholly successful.
For the long motion, the court found divided success and awarded modest costs to the Respondent.
For the urgent motion, the Applicant was found to have acted in bad faith by failing to remove a Certificate of Pending Litigation as agreed and ordered, misleading parties, and obstructing the property sale.
This conduct led to a full indemnity costs award for the Respondent.
The Applicant's arguments regarding the Respondent's unreasonable behavior and her limited financial means were given limited weight.