Justin Raye Newman

This is a costs endorsement following a successful application for interim guardianship of property for an incapable adult.

The applicant, Brenda Myers, sought full indemnity costs, while the responding party, Tereasa Muscedere (the incapable adult's mother), opposed the costs award, claiming impecuniosity and excessive costs.

The court found Tereasa's opposition to the guardianship application unreasonable and ordered her to pay partial indemnity costs to Brenda Myers and s. 3 counsel for the incapable adult.

The balance of Brenda Myers' and s. 3 counsel's costs, and the Public Guardian and Trustee's full indemnity costs, were ordered to be paid from the incapable adult's property, with a portion of the PGT's costs adjourned to the passing of accounts.

The moving party sought leave to appeal the order of the motion judge.

The Divisional Court dismissed the motion for leave to appeal without costs, noting a typographical error in the neutral citation of the underlying reasons for decision.

The appellants, comprising an individual and two corporations, appealed a lower court decision that dismissed their application for specific performance.

They sought to compel the respondent, a separated spouse, to execute a Non-Solicitation and Non-Competition Agreement (NCA) as part of a corporate share sale.

The application judge found no evidence that the respondent had agreed to the NCA.

The respondent cross-appealed the costs award from the lower court.

The Court of Appeal dismissed the appeal, finding no palpable and overriding error in the application judge's finding regarding the NCA.

Leave to cross-appeal costs was denied, as the appellate court found the original costs award to be reasonable despite a potential misdirection by the application judge.