CITATION: Fellowes, McNeil v. Grace Maitland-Carter, 2012 ONSC 796
DIVISIONAL COURT FILE NO.: 541/10
DATE: 20120201
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
ASTON, NEWBOULD AND EDWARDS JJ.
BETWEEN:
FELLOWES, MCNEIL and JOHN S. MCNEIL
Applicants
– and –
GRACE MAITLAND-CARTER
Respondent
John S. McNeil, Q.C., for the Applicants
Sara Blake, for the Respondent
HEARD at Toronto: February 1, 2012
aston j. (ORALLY)
[1] We do not regard the applicant’s continuation of the application after February, 2011 as an abuse of process when there was at least some basis upon which to request a contribution towards costs. On the other hand, the applicants have not established a factual foundation upon which to seek costs from the decision-maker. Neither side is entitled to costs and in all of the circumstances, the application is dismissed, without costs.
COSTS
[2] I have endorsed the Record, “For oral reasons given, the application is dismissed without costs.”
ASTON J.
NEWBOULD J.
EDWARDS J.
Date of Reasons for Judgment: February 1, 2012
Date of Release: February 7, 2012
CITATION: Fellowes, McNeil v. Grace Maitland-Carter, 2012 ONSC 796
DIVISIONAL COURT FILE NO.: 541/10
DATE: 20120201
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
ASTON, NEWBOULD AND EDWARDS JJ.
BETWEEN:
FELLOWES, MCNEIL and JOHN S. MCNEIL
Applicants
– and –
GRACE MAITLAND-CARTER
Respondent
ORAL REASONS FOR JUDGMENT
ASTON J.
Date of Reasons for Judgment: February 1, 2012
Date of Release: February 7, 2012