CITATION: Fellowes, McNeil v. Grace Maitland-Carter, 2012 ONSC 796
DIVISIONAL COURT FILE NO.: 541/10
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)
1We 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
2I 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