Thomas J. Prince

This is a costs endorsement following a contempt motion in a family law proceeding.

The applicant was partially successful on the contempt motion and sought full, substantial, or partial indemnity costs.

The court found a reasonable basis for the motion due to the respondent's poor communication, but also noted the applicant's somewhat oppressive requests.

The applicant was awarded fixed costs of $1,200, payable forthwith by the respondent.

The applicant brought a motion to continue a certificate of pending litigation on a property she previously resided in.

She claimed an interest in the property through an unproven constructive trust and alleged that the respondent's sale of the fire-damaged property to a third party was a fraudulent conveyance.

The court found the applicant's claim to an interest in the land to be tenuous and noted the absence of typical badges of fraud.

The motion was dismissed and the certificate of pending litigation was ordered vacated.