2 total
Successful party awarded reduced partial indemnity costs after motion dismissal.
Following dismissal of a motion to transfer a family proceeding from Kitchener to Owen Sound, the court determined the appropriate costs award.
The successful party sought substantial indemnity costs based on an alleged offer to settle and a bill of costs exceeding $9,500.
The court found the offer did not comply with Rule 18(14) of the Family Law Rules because it was unsigned and not open until the hearing commenced.
Applying Rule 24 principles and considering proportionality, the court awarded partial indemnity costs and reduced both fees and disbursements claimed.
Appeal of dismissal of guardianship and capacity assessment application dismissed.
The appellant applied for the appointment of the Public Guardian and Trustee as guardian of the property and persons of her two sisters.
The application judge dismissed the application, finding the allegations groundless and the evidence insufficient to support an order for a capacity assessment.
The Court of Appeal dismissed the appeal, finding no error in the application judge's exercise of discretion.
