The applicant, having been successful on a motion for summary judgment, sought costs of $42,000 and alleged bad faith by the respondent.
The court declined to find bad faith but noted the respondent's unreasonable conduct, including failing to comply with disclosure orders, which unnecessarily expanded the record.
The court rejected the respondent's claim of impecuniosity, finding her lifestyle inconsistent with her stated income.
Costs were awarded to the applicant fixed at $25,000, inclusive of disbursements and HST.