Denis J. Power

Addendum to reasons for decision correcting the allocation of sentence between offences in a criminal matter.

The court confirmed that the amended warrant of committal properly reflected the distribution of the total sentence across the offences.

The total custodial sentence remained seven years after applying four years of pre‑sentence custody credit.

The addendum clarified that the amended warrant accurately corresponds with the earlier reasons for decision.

The court determined costs following the dismissal of a summary judgment motion brought under Rule 20 of the Rules of Civil Procedure.

The plaintiff, as the successful party on the motion, sought full recovery of legal fees exceeding $9,000.

The moving defendants argued that no costs should be awarded or that costs should be in the cause, emphasizing that the motion was reasonably brought and that a key appellate authority relied upon by the court was released after the motion was argued.

The court found no evidence of unreasonable conduct or bad faith to justify substantial indemnity costs and instead awarded partial indemnity costs.

Costs were fixed at $5,500 payable forthwith.

Following earlier reasons terminating spousal support retroactively, the court addressed the issue of costs.

The applicant, as the successful party, sought substantial costs relying on two settlement offers that were more favourable than the ultimate result and alleging unreasonable litigation conduct by the respondent.

The respondent argued that costs should be significantly reduced due to financial hardship and the alleged simplicity of the matter.

The court found that the respondent’s conduct unnecessarily increased litigation costs but expressed concern that the amount claimed was excessive for what was essentially a straightforward proceeding.

Costs were fixed globally at $25,000 payable by the respondent within 60 days.