4 total
Costs of $36,000 awarded to separately represented successful respondents on a partial indemnity basis.
The respondents were successful in defending an application for a declaration of a public highway.
The Township and the individual respondents, who were separately represented, sought costs.
The Township claimed partial indemnity costs, while the individual respondents sought full indemnity costs.
The court found that separate representation was justified but declined to award substantial indemnity costs as there was no Rule 49 offer or discreditable conduct.
Costs were fixed at $19,000 for the Township and $17,000 for the individual respondents, payable by the applicant.
Application for declaration of a public road based on an 1890 by-law dismissed for uncertainty.
The applicant sought a declaration that an 1890 municipal by-law established a public road across the respondents' properties to provide access to his landlocked parcel.
The court reviewed historical township minutes and found that while a road was contemplated and partially constructed, its exact location could not be determined with certainty.
The original survey was lost, and there was no modern record or visual evidence of the road's existence.
The application was dismissed due to the lack of certainty regarding the road's location.
The court dismissed an estate's constructive trust claim as frivolous because the deceased's will explicitly barred it.
The Estate of Lois Jean Davey, administered by Geoffrey Craig, brought an application seeking a declaration of beneficial interest in a property owned by Geoffrey and Isabel Craig (his separated wife) based on a constructive trust, related to an in-law suite built by the deceased.
Isabel Craig sought dismissal under Rule 2.1.01(1) of the Rules of Civil Procedure.
The court found the application frivolous and vexatious, dismissing it because the deceased's will explicitly stated the addition became Geoffrey's sole property and the estate had no claim.
The court held that the application was an improper attempt to bring a matrimonial claim in a different forum and was estopped by the clear terms of the will.
Matrimonial home ordered sold and interim support reduced due to applicant's disability and income change.
The applicant brought a motion for the sale of the matrimonial home and a reduction in interim child and spousal support due to a material change in circumstances.
The respondent had failed to obtain the necessary financing to buy out the applicant's interest in the home as required by a previous consent order.
The court ordered the matrimonial home to be listed for sale forthwith.
The court also found a material change in circumstances due to the applicant's health issues and reduced income, and ordered a reduction in interim spousal and child support.
