3 total
The court declined to award costs to either party following a settled summary judgment motion due to divided success and unreasonable conduct.
The plaintiff, The Roman Catholic Episcopal Corporation of Ottawa (RCECO), sued the defendant insurer, l’Assurance mutuelle de l’inter-ouest (Mutuelle), for confirmation of insurance coverage for sexual abuse claims.
Initially, RCECO sought coverage for eight pre-1976 claims, which were later found to be uncovered as Mutuelle was not licensed for public liability insurance before that period.
RCECO subsequently amended its claim to include four additional claims, three of which Mutuelle recognized.
Mutuelle brought a motion for summary judgment, but the parties settled, resulting in nine claims being dismissed and three recognized.
The sole remaining issue was costs.
Mutuelle sought partial indemnity costs, arguing greater success, while RCECO sought substantial indemnity costs, citing Mutuelle's unreasonable conduct in failing to respond to coverage inquiries.
The court acknowledged Mutuelle's greater success in dismissing claims but also noted its unreasonable conduct.
Ultimately, the court declined to award costs to either party, finding RCECO's claimed costs excessive for a settled summary judgment motion.
Costs fixed after dismissed motions and directions given for tax arrears reimbursement.
The court determined costs following three motions involving the release of real estate trust funds, summary judgment against one party, and the appointment of an interim receiver/manager.
Success on the trust fund release motion was divided and no costs were ordered.
The summary judgment motion and the motion for appointment of an interim receiver were both dismissed, resulting in clear success for the responding parties.
Applying the principles governing costs and Rule 57.01 of the Rules of Civil Procedure, the court fixed costs of $15,000 for each successful party.
The court also directed reimbursement from trust funds for municipal tax arrears previously paid.
Motions for appointment of a receiver and for summary judgment in a family shareholder dispute dismissed.
The parties, members of the same family, were involved in a dispute over the ownership and management of a family real estate holding company.
One brother moved for the appointment of an interlocutory receiver to oversee the company, while the other brother moved for summary judgment dismissing their mother's claim regarding her share ownership, and for the disbursement of funds held in trust.
The court dismissed the motion for a receiver, finding no evidence of irreparable harm and noting the company's substantial value.
The court also dismissed the summary judgment motion, concluding that the conflicting evidence regarding share transfers required a trial.
The motion to disburse trust funds was dismissed, though the court ordered that municipal tax arrears be paid directly from the funds.
