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Costs of $11,000 awarded to applicant after respondent withdrew motion challenging court's jurisdiction over corollary relief.
The respondent brought a motion challenging the Superior Court's jurisdiction to hear the applicant's claim for corollary relief under the Divorce Act, given a separation agreement previously filed in the Ontario Court of Justice.
The respondent subsequently withdrew the motion but still sought an order for mediation and costs.
The court determined that the applicant was the successful party, as the court did have jurisdiction to hear the corollary relief application.
The court declined to reserve costs to the trial judge and ordered the respondent to pay costs of $11,000 to the applicant.
An order for specific performance was overturned because there was no evidence the property was unique.
The Court of Appeal allowed an appeal from a motion judge's order granting specific performance for breach of contract.
The appellate court found that the motion judge erred in law by awarding specific performance without evidence or a finding that the property was unique, which resulted in a windfall for the respondent.
The matter was remitted for trial.
