Superior Court of Justice - Ontario

CITATION: Prince v. Elligson, 2016 ONSC 6926

COURT FILE NO.: 49478/14

DATE: 2016/11/08

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

[1] There was divided success on this motion, however the respondent was much more successful than the applicant.

[2] All of the monetary claims, some of which were substantial, were dismissed.

[3] Particularly troubling was the applicant’s request that the respondent pass her accounts, when he clearly had no interest whatsoever in Maxine’s estate.

[4] As usually happens on long motion’s, the court is in the position of having to make orders without a full evidentiary record.

[5] However, 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.

[6] I 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