Court File and Parties

COURT FILE NO.: CV-24-0240-00 DATE: 2024-10-03

SUPERIOR COURT OF JUSTICE - ONTARIO

RE: Melanie Leboeuf v. Joey North

HEARD: In writing

BEFORE: Regional Senior Justice W.D. Newton

COUNSEL: B. Smith for the Applicant T. Millward for the Respondent

Decision on Costs

[1] The applicant was unsuccessful in her application for partition and sale of jointly owned property because I found that partition and sale could prejudice the respondent’s family law property claims [1].

[2] The respondent seeks costs of the motion, but the applicant argues that the issue of costs should be deferred pending the disposition of the family law issues. Prior to the motion, counsel for the respondent suggested that the partition and sale motion be deferred until the trust claims were resolved, but the applicant proceeded with the motion and the respondent was required to respond.

[3] Accordingly, costs should not be deferred. The applicant is entitled to his costs which I fix in the amount of $3000 inclusive of HST and disbursements. These costs are payable forthwith.

“Original signed by” The Hon. Mr. Justice W.D. Newton, R.S.J.

DATE: 2024-10-03

Cited Case

[1] Leboeuf v. North, 2024 ONSC 5020.