Sandra Majic

This costs decision follows an uncontested family law trial.

The court found that the applicant, Trina Joy Thornhill, engaged in bad faith litigation tactics, including the use of organized pseudolegal commercial arguments and malicious attacks on justice participants.

The court awarded full recovery costs to the respondent, Devon Williams, but reduced the amount claimed to a fair and proportionate sum.

The decision reviews the purposes and principles of costs in family law, the threshold for bad faith, and the court’s discretion in setting costs.

This endorsement addresses cross-motions brought by the plaintiff, Nicole Roach, and the defendants, Estate of Daryl Roach and Rose Roach, concerning undertakings, questions taken under advisement, and refusals from examinations for discovery.

The underlying dispute involves the plaintiff's claim to an interest in property previously owned by her deceased father and stepmother.

The court ruled on the relevance of various questions and the production of documents, including communications with a property management company and witness contact information, and considered the waiver of solicitor-client privilege regarding city directives.

The defendants brought a motion under s. 137.1 of the Courts of Justice Act to dismiss the plaintiff's action, arguing it was a SLAPP intended to silence their complaints about the plaintiff selling defective products and violating privacy laws.

The plaintiff's action alleged the defendants perpetrated a fraudulent scheme involving false repair receipts.

The court dismissed the motion, finding the defendants failed to meet the threshold burden under s. 137.1(3) because the plaintiff's claim was grounded in fraud, not in any expressions made by the defendants.

Costs were awarded to the plaintiff.