This endorsement addresses the costs of a consent motion for consolidation of a civil action and family law proceedings.
The moving party sought costs, arguing that the responding parties' delay in providing consent necessitated bringing a formal motion.
The court found that despite the delay, the motion ultimately proceeded on a consent basis.
The responding parties' counsel explained the delay was due to reconciling instructions from two clients (the lawyer personally and their insurer).
The court declined to award costs to the moving party, adhering to the general rule that consent motions do not attract costs unless unreasonable behaviour is demonstrated.
However, the court awarded modest costs of $500 to the responding parties for their preparation and attendance on the costs issue, acknowledging the helpfulness of their material and that the delay was not attributable to the moving party.
