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The Court interpreted two will gifts in Sydney Carroll’s estate, held a $40,000 legacy to Patricia O'Brien was not conditional, and found a $5,000 gift to Karmen Gozdan had lapsed.
Supplemental personal injury judgment on costs and s. 83 deductions. The court refused a stay, awarded ordinary costs, and deducted $18,376.61 from the award.
Motions to intervene were dismissed because the proposed interveners would not add a distinct, necessary contribution to the narrow issues on appeal, their proposed materials expanded the record and risked prejudice given the lateness of the applications, and the appellant's factum adequately raised the relevant public policy and Indigenous issues; no costs were ordered against the proposed interveners.
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Leave under s.40(4) was denied because the applicant failed to establish reasonable grounds for judicial review — the proposed application was doomed to fail given the Board’s application of settled law and the high reasonableness standard, and the applicant’s supporting affidavit lacked necessary particulars (no draft notice of application or particularized evidentiary basis); given failure on reasonable grounds, the Court did not need to decide abuse of process and exercised its residual discretion to refuse leave and awarded costs to the respondent.
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The court refused to strike a civil forfeiture defence for discovery defaults, finding the breaches serious but not yet proportionate to the draconian remedy.
The court cancelled three certificates of pending litigation over Richmond properties, finding no estate or interest in land and no evidentiary basis for tracing.
The court reopened a costs order to consider an overlooked later settlement offer, then awarded double costs from the first offer until the second offer was made.
Post-trial costs decision in a family law case. The court found the respondent substantially successful and awarded her costs on the ordinary scale, with limited exceptions.
The Court found no error in the motion judge's conclusion that the insurer waived its rights because there was no non‑waiver agreement and the unambiguous wording and timing of the August 23, 2006 letter supported waiver; the appeal was dismissed.
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The Husband is entitled to costs because his June 29, 2007 offer (Option A) was reasonable and materially similar to the court's award; awarding costs in these circumstances promotes settlement and reasonable bargaining in family law disputes. The quantum of costs is to be determined pursuant to Civil Procedure Rule 63.04 by written submissions or a short hearing as ordered.
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