Following an uncontested trial where the applicant was granted a final order, the applicant sought full recovery costs of $33,693.25 on the basis of the respondent's bad faith.
The applicant argued that the respondent's failure to cooperate and emails stating he would not respond constituted bad faith.
The court held that while the respondent's failure to cooperate increased the applicant's costs, it did not meet the high threshold of intentional duplicity, obstruction, or obfuscation required for a finding of bad faith.
The court fixed costs payable by the respondent at $15,000 plus HST and disbursements.
