Stewart Ross Cruikshank

Following a successful application, the successful party sought $20,000 in costs on a substantial indemnity basis.

The responding party raised financial hardship and referenced settlement negotiations that had failed primarily over the issue of costs.

The court reiterated that the objective of a costs award is to fix a fair and reasonable amount rather than to indemnify the successful party for its actual legal expenses.

Applying the principles articulated by the Court of Appeal in Boucher, the court reduced the requested amount.

Costs were fixed at $10,000 all inclusive.

A non-profit housing cooperative applied for an order terminating a member’s occupancy and membership rights due to a prolonged history of late, partial, and non-payment of housing charges.

Although the respondent’s rent-geared-to-income subsidy dispute was eventually resolved and arrears were later paid, the cooperative maintained that eviction was justified based on repeated breaches of payment obligations.

The court held that the cooperative board’s eviction decision was reasonable and procedurally fair, noting that courts generally defer to decisions of democratically governed housing cooperatives unless unreasonable.

The respondent failed to pursue the available internal appeal process and provided no exceptional circumstances justifying equitable relief under the governing legislation.

The application was granted and a writ of possession ordered.