Kristen Bailey

The appellants sought to set aside an order dismissing their motion to stay the enforcement of certain costs orders from lower court proceedings.

However, the Supreme Court of Canada subsequently dismissed their application for leave to appeal with costs, rendering the appeal before the Court of Appeal moot.

Consequently, the appeal was dismissed as moot, and costs were fixed in favour of the respondents.

The appellants appealed the dismissal of their claims, asserting a reasonable apprehension of bias.

The Court of Appeal found no evidentiary basis to support this serious legal claim or the suggestion that counsel behaved inappropriately.

The appeal was dismissed, and costs were awarded against the appellants.

A condominium corporation sought a substantial costs award following an application brought to enforce compliance with the Condominium Act, 1998 and the condominium’s declaration and rules.

The underlying dispute involved alleged misconduct by a unit occupier that resulted in complaints and prior police involvement, but the matter was resolved after a consent order and no further incidents occurred.

The court considered the corporation’s request for full or substantial indemnity costs under s.134 of the Act but found the extensive application record unnecessary and disproportionate.

Emphasizing the court’s discretion over costs and the circumstances of the respondent’s disabilities and the settlement achieved, the court limited recovery to a reduced partial indemnity amount.

The applicant was awarded $5,000 in all‑inclusive costs payable within five years.