Rachelle Hepburn

Following a motion for summary judgment where the moving party (defendant) was granted alternate relief permitting the sale of a disputed property, the parties made written submissions on costs.

The court found the moving party was the successful party, as she obtained the primary relief sought regarding the property's sale and successfully proved a disputed agreement was invalid.

The court awarded the moving party costs on a partial indemnity basis, fixed at $26,028.43, and declined the responding party's request to pay the costs from the sale proceeds held in court.

The moving party (defendant) sought summary judgment dismissing the responding party's (plaintiff's) action for a 50% interest in a residential property, or alternatively, an order for partition and sale.

The parties are sisters.

The moving party is the sole registered owner, but the responding party resides in the property and claims a beneficial interest based on an alleged written agreement.

The court found the alleged agreement to be invalid and likely forged, relying on expert handwriting evidence and factual inconsistencies.

However, the court concluded a trial was necessary to determine if the responding party had any monetary claim to the property's proceeds based on her financial contributions.

The court ordered the property sold, with 50% of the net proceeds paid to the moving party and the remaining 50% paid into court pending trial.