Superior Court of Justice - Ontario
RE: Edward Prince - Applicant
AND:
Brenda Elligson - Respondent
BEFORE: James W. Sloan
COUNSEL: Matthew T. Kelly - Counsel, for the Applicant Barry T. Paquette - Counsel, for the Respondent
HEARD: October 12, 2016
COSTS ENDORSEMENT
1There was divided success on this motion, however the respondent was much more successful than the applicant.
2All of the monetary claims, some of which were substantial, were dismissed.
3Particularly troubling was the applicant’s request that the respondent pass her accounts, when he clearly had no interest whatsoever in Maxine’s estate.
4As usually happens on long motion’s, the court is in the position of having to make orders without a full evidentiary record.
5However, on the evidence before the court and in particular the independent evidence from the personal support worker’s the behaviour of the applicant in relation to his visits to Maxine were troubling.
6I therefore fixed costs in the amount of $7500 inclusive of disbursements and HST payable forthwith by the applicant to the respondent.
Justice James W. Sloan
Date: November 8, 2016