Noémie Christine Julia Ducret

This costs endorsement follows a trial between family members over a life interest in a home.

The court found that Herminia Bada retained a life interest in the property, despite having signed an Acknowledgment and Direction removing it from title, as she did not understand the implications.

The court considered the conduct of the parties, including Herminia’s dishonesty about signing the document, and fixed costs at $45,000 in fees plus HST and $7,000 in disbursements, rather than the higher amount sought.

The court emphasized the importance of truthfulness and the principles governing costs awards.

This costs endorsement follows a trial between family members over a life interest in a home.

The court found that Herminia Bada retained a life interest in the property, despite having signed an Acknowledgment and Direction removing it from title, as she did not understand the implications.

The court considered the conduct of the parties, including Herminia’s dishonesty about signing the document, and fixed costs at $45,000 in fees plus HST and $7,000 in disbursements, rather than the higher amount sought.

The court emphasized the importance of truthfulness and the principles governing costs awards.

The mother and daughter entered into an agreement where the mother transferred her property to the daughter but retained a life interest.

The daughter later required financing to renovate the property, and the bank required the life interest to be discharged.

The mother signed an acknowledgment and direction discharging her life interest.

Years later, the relationship broke down, and the daughter attempted to evict the mother and sell the property.

The court found that the discharge of the life interest was invalid due to undue influence, as the mother did not fully understand the consequences and did not receive independent legal advice.

The mother's life interest was declared valid, and the daughter was ordered to provide an accounting for funds managed while acting in a fiduciary capacity.

The moving party brought a motion for leave to seek judicial review of an adjudicator's determination.

The Divisional Court dismissed the motion and ordered the moving party to pay costs of $2,500 to the responding party.

The defendants brought a motion seeking to dismiss the plaintiffs' summary judgment motion, arguing that the Ontario court lacked jurisdiction and that the motion constituted an abuse of process due to a prior Quebec court order concerning share ownership.

The defendants also sought to add Shawn Gascon as a party.

The court dismissed the defendants' request to dismiss the summary judgment motion, finding that the issues of jurisdiction and abuse of process should be properly addressed within the context of the summary judgment motion itself, and that the cited rules (21.01(3)(a) and (d)) did not grant authority to dismiss a motion, only an action.

However, the court granted the defendants' request to add Shawn Gascon as a defendant, deeming him a necessary party to the action.

This costs endorsement followed a summary judgment motion where portable school classrooms were found to be "improvements" under the Construction Act.

OnPoint Group Ltd., the successful party on the main issue, sought full indemnity costs, while intervening parties also sought partial indemnity costs.

The court awarded OnPoint Group Ltd. $35,000 and the intervenors $9,500, both on a partial indemnity basis.

The decision considered factors such as mixed success, complexity, and the novelty of the issue, and addressed the impact of bilingual proceedings on costs.

The Estate of Jackie Cray brought a motion to dismiss an application by Sofie Vaux-Lacelle, who sought a declaration that she was the deceased's common-law spouse for OMERS pension survivor benefits.

The Estate argued that the internal OMERS Dispute Resolution Process was a more suitable forum.

The court dismissed the motion, finding that while the OMERS process was a valid avenue, the Superior Court application was also appropriate given the factual complexity, credibility issues, significant value of the benefit, and greater flexibility for settlement and witness accommodation in court proceedings.

The defendant, having previously obtained summary judgment establishing the third party's obligation to indemnify her for liabilities arising from commercial loans, sought summary judgment for $150,000, representing the amount she paid to settle the plaintiff bank's claims against her.

The court found the settlement amount to be reasonable given the risks and potential liabilities involved, and granted judgment for $150,000 plus costs.

The court also granted a temporary stay of enforcement to allow the self-represented third party, who is subject to a vexatious litigant order, an opportunity to launch an appeal.