P. Cassan

The self-represented applicants filed a notice of application containing allegations of impropriety against the respondent municipality's lawyers and CAO.

The applicants subsequently abandoned the application.

The respondent sought costs on a full indemnity basis.

The court held that the unproven and unfounded allegations of impropriety warranted an elevated costs award.

The court fixed costs payable by the applicants to the respondent at $17,696.47.

The respondent son brought a motion to disqualify the applicant's solicitor due to a conflict of interest.

The solicitor had previously acted for the respondent mother in the transfer of her property, but was now representing the applicant in an application to declare the mother incapable of managing property.

The court found that the solicitor was in a conflict of interest because he was attacking the legal work done during the first retainer and could potentially be called as a witness regarding the mother's capacity.

The motion was granted and the solicitor was removed as counsel.