Christopher Joe Crisman-Cox

This costs endorsement follows the dismissal of Susan Henderson’s motion to extend the time to file a notice of appeal from a judgment dismissing her will challenge application.

The court considered written submissions on costs, ultimately awarding partial indemnity costs of $3,630.69 to the responding party, Wei Wang, rejecting arguments of financial hardship, public interest, and self-representation as reasons to deny costs.

The moving party, Susan Henderson, sought an extension of time to file a notice of appeal from a judgment dismissing her application to challenge the validity of her late mother’s 2018 Will.

The Court of Appeal for Ontario dismissed the motion, finding no merit to the proposed appeal and noting a pattern of delay and unreasonable conduct by the moving party.

The court emphasized the need for finality in estate matters and awarded costs to the responding party.

The court considered a motion for summary judgment in a commercial dispute where the plaintiff, Profit Professionals Inc., sought damages for breach of contract and on a quantum meruit basis.

The defendant, Tiger Drylac Canada Inc., argued that the plaintiff's claims were barred by a two-year limitation period.

The court found a genuine issue requiring a trial regarding the discoverability of the plaintiff's loss for the breach of contract claim, but granted summary judgment dismissing the plaintiff's quantum meruit claim as statute-barred.

This endorsement addresses the costs of a prior motion and application where the applicant, Mohamed Khatau (operating as MAK Enterprises), was largely unsuccessful in preventing the respondent, Apra Development Inc., from removing or selling property after failing to vacate premises as per a consent order.

Apra sought full indemnity costs, citing Khatau's breach of the consent order and the motion's lack of merit.

Khatau argued for partial indemnity, asserting his conduct was not "reprehensible, scandalous or outrageous" and that the motion was brought out of genuine concern for his livelihood.

The court awarded partial indemnity costs to Apra, finding Khatau's conduct did not warrant full indemnity, and reduced the requested fees due to potential duplication of counsel services and excessive hours for a non-complicated motion.

The applicant sought an extension of a consent order requiring them to vacate premises and remove property, or alternative relief regarding the sale of their property.

The respondent opposed, seeking to uphold the original order, permission to remove/sell the applicant's property, and compensation for occupation rent and costs.

The court denied the applicant's request for a lengthy extension, finding that the applicant had ample notice and had previously agreed to the vacation date.

However, the court granted a short extension until April 30, 2019, for the applicant to remove property, after which the respondent could remove or sell it, with the applicant remaining liable for occupation rent and removal costs.