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Successful party awarded $80,000 in global costs across three related proceedings.
Following reasons for judgment in three related proceedings involving family and civil claims concerning transfers of funds and marital issues, the court addressed costs.
The successful party sought recovery of substantial legal fees incurred across the proceedings.
The court considered proportionality, reasonableness, the complexity of the litigation, and conduct of the parties during the proceedings, including disclosure issues.
Exercising its discretion, the court fixed a global costs award inclusive of disbursements and taxes for all three proceedings.
Property transfer by vulnerable elderly man to caregiver's son set aside for undue influence.
An elderly man married his much younger housekeeper, who subsequently pressured him into transferring his home to her son while retaining a life interest.
The plaintiff sought to set aside the transfer, while the defendants claimed a $120,000 loan, equalization of net family property, and quantum meruit for services rendered.
The court set aside the transfer, finding it was procured through undue influence and unconscionability.
The court dismissed the defendants' claims for the loan, equalization, and quantum meruit, finding the property was never a matrimonial home and the housekeeper's unclean hands barred equitable relief.
A divorce was granted.
