A costs endorsement following applications to vary a criminal restraint order under s. 462.34 of the Criminal Code to permit enforcement of a condominium lien and a mortgage power of sale.
The opposing party argued the applicants’ legal fees were excessive and should be limited by the court.
The court held that a variation application under s. 462.34 was not an appropriate forum to adjudicate disputes over legal fees and that such disputes should instead be addressed through civil proceedings or assessment mechanisms under applicable legislation.
In any event, the court found no basis to limit the applicants’ legal fees given the procedural history and the conduct of the parties.
No order regarding costs was made.
