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On costs, the court held both defendants were successful parties entitled to Scale B costs. Ms. Little’s double-costs request and costs-shifting claims failed.
Petitioner was awarded costs of $7,000 inclusive of HST and disbursements, payable at $250 per month starting February 15, 2020, because he was the successful party, respondent unreasonably prolonged the proceeding and the tariffs were an inappropriate measure in the Family Division context such that a lump sum better achieved justice while accounting for respondent hardship.
Source excerpt
Supplemetary reasons addressing costs and clarification of parenting orders in a family law case. The court ordered partial costs for the respondent and clarified school and birthday parenting terms.
The court refused to vary a prior costs-related order delaying enforcement of child support arrears, but set a deadline for the parties to bring a costs application.
The court refused to apportion costs, held the matter was of more than ordinary difficulty, and awarded the defendants Scale C costs plus double costs after January 5, 2012.
Costs payable forthwith denied because GO Transit’s motions were properly brought; interim costs denied because the Community Group failed the first prong of the Okanagan/Little Sisters test — there was no evidence of inability to pay or of attempts to obtain funding and the City of Toronto’s active role indicated the litigation would proceed without an interim award.
Source excerpt
The court dismissed an application to review a Registrar’s costs assessment, holding that neither the Registrar nor chambers could vary a division’s costs order.
Assessment of costs in a Customs Act dispute. The officer reduced several tariff items, partially allowed appraisal disbursements, and held the plaintiffs’ settlement offer did not meet Rule 420.
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